U.S. v. GONZALEZ-SERMENIO, 342 Fed.Appx. 312 (9th Cir. 2009)
UNITED STATES of America, Plaintiff-Appellee, v. HectorGONZALEZ-SERMENIO, Defendant-Appellant.
No. 08-50490.United States Court of Appeals, Ninth Circuit.Submitted August 11, 2009.[fn*]
Filed August 13, 2009.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.][fn*] The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P.34(a)(2).Page 313
Caroline Han, Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
Keith H. Rutman, Law Offices of Keith H. Rutman, San Diego, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of California, Barry T. Moskowitz, District Judge, Presiding. D.C. No. 3:08-cr-01544-BTM.
Before: KLEINFELD, M. SMITH, and IKUTA, Circuit Judges.
MEMORANDUM[fn**][fn**] This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Hector Gonzalez-Sermenio appeals from the 51-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of8 U.S.C. § 1326(a). We have jurisdiction pursuant to28 U.S.C. § 1291, and we affirm.
Gonzalez-Sermenio contends that his sentence is unreasonable because it is significantly longer than the sentence he would have received had he accepted a fast-track plea agreement. In light of the totality of the circumstances and the factors set forth in 18 U.S.C. § 3553(a), the sentence is reasonable.See Gall v. United States, 552 U.S. 38, 128 S.Ct. 586,597, 169 L.Ed.2d 445 (2007); see also United States v.Gonzalez-Zotelo, 556 F.3d 736, 739-41 (9th Cir. 2009).
AFFIRMED.