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United States v. Adrian Zitlalpopoca-Hernandez
16-50167
| 9th Cir. | Oct 25, 2017
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*1 Before: W. FLETCHER and IKUTA, Circuit Judges, and FREUDENTHAL, [*] Chief District Judge.

The court’s memorandum disposition filed September 26, 2017, is hereby amended as follows:

The fifth paragraph of the memorandum disposition previously read:

Finally, appellant argues that his sentence was substantively unreasonable. A sentence is not substantively unreasonable where “the record as a whole reflects rational and meaningful consideration of the factors enumerated in 18 U.S.C. § 3553(a).” United States v. Ruiz-Apolonio , 657 F.3d 907, 911 (9th Cir. 2011) (internal quotations omitted). The record here reflects meaningful consideration of the 18 U.S.C. § 3553(a) factors, spanning three sentencing proceedings. The sentence was not substantively unreasonable.

*2 The memorandum disposition is amended so that the fifth paragraph now reads:

Because we reverse and remand on procedural grounds, we do not reach the question of whether the sentence was substantively reasonable. See, e.g. , United States v. Grissom , 525 F.3d 691, 696 (9th Cir. 2008). With that amendment, Defendant-Appellant’s petition for panel rehearing is DENIED. The petition for rehearing en banc remains pending. No further petitions for rehearing or for rehearing en banc may be filed.

2

[*] The Honorable Nancy Freudenthal, Chief United States District Judge for the District of Wyoming, sitting by designation.

Case Details

Case Name: United States v. Adrian Zitlalpopoca-Hernandez
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Oct 25, 2017
Docket Number: 16-50167
Court Abbreviation: 9th Cir.
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