United States v. Jose Hidalgo-Villanueva ( 2015 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 14 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-50109
Plaintiff - Appellee, D.C. No. 3:14-cr-03410-BEN
v.
MEMORANDUM*
JOSE LUIS HIDALGO-VILLANUEVA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted December 9, 2015**
Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.
Jose Luis Hidalgo-Villanueva appeals from the district court’s judgment and
challenges the 13-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.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Hidalgo-Villanueva contends that the government breached the parties’ plea
agreement at the sentencing hearing by implicitly suggesting that it did not support
the stipulated four-level fast-track departure under U.S.S.G. § 5K3.1. We reject
this argument because the record reflects that, in its sentencing summary chart and
at the sentencing hearing, the government stood by its recommendation that
Hidalgo-Villanueva receive the stipulated fast-track departure. Accordingly,
Hidalgo-Villanueva received the benefit of his bargain and “the presentation of a
united front to the court.” United States v. Alcala-Sanchez, 666 F.3d 571, 575 (9th
Cir. 2012) (internal quotations omitted).
Hidalgo-Villanueva next contends that his sentence is substantively
unreasonable in light of the mitigating factors and the court’s denial of the
fast-track departure. We disagree. The within-Guidelines sentence is
substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and
the totality of the circumstances, including Hidalgo-Villanueva’s immigration
history. See Gall v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.
2 15-50109