History
  • No items yet
midpage
United States v. Jose Yanez-Dominguez
698 F. App'x 449
| 9th Cir. | 2017
|
Check Treatment
|
Docket

*1 Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.

Jose Yanez-Dominguez appeals from the district court’s judgment and challenges the 18-month sentence imposed following his guilty-plea conviction for being a removed alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

*2 Yanez-Dominguez contends that the district court improperly relied on his criminal history as a reason to deny the parties’ joint request for a fast-track departure under U.S.S.G. § 5K3.1 and impose an above-Guidelines sentence. The court did not abuse its discretion. See United States v. Rosales-Gonzales , 801 F.3d 1177, 1180 (9th Cir. 2015). The court properly considered Yanez-Dominguez’s criminal and immigration history, including his two previous illegal reentry offenses for which he received lengthy sentences. See id. at 1184. Moreover, the 18-month sentence, two months above the high end of the guideline range, is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances. See Gall v. United States , 552 U.S. 38, 51 (2007).

AFFIRMED.

2 16-50483

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

[**] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Case Details

Case Name: United States v. Jose Yanez-Dominguez
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Oct 2, 2017
Citation: 698 F. App'x 449
Docket Number: 16-50483
Court Abbreviation: 9th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.