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United States v. Alfredo De Jesus-Perez
698 F. App'x 547
| 9th Cir. | 2017
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Docket

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

Alfredo De Jesus-Perez appeals from the district court’s judgment and challenges the above-Guidelines sentence of 34 months 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 *2 we affirm.

De Jesus-Perez contends that the above-Guidelines sentence is substantively unreasonable. We review sentencing decisions for abuse of discretion, see United States v. Carty , 520 F.3d 984, 993 (9th Cir. 2008) (en banc), and will not overturn a district court’s sentencing determination absent procedural error or substantive unreasonableness, see Gall v. United States , 552 U.S. 38, 56 (2007).

The district court permissibly considered De Jesus-Perez’s prior illegal reentry conviction and determined that a greater sentence for the instant offense was necessary to deter De Jesus-Perez from reoffending. See United States v. Higuera-Llamos , 574 F.3d 1206, 1211-12 (9th Cir. 2009). The 34-month sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) factors and the totality of the circumstances, including the need to achieve adequate deterrence. See Gall , 552 U.S. at 51.

AFFIRMED.

2 16-50458

[*] 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. Alfredo De Jesus-Perez
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Oct 2, 2017
Citation: 698 F. App'x 547
Docket Number: 16-50458
Court Abbreviation: 9th Cir.
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