United States v. Jose Martinez-Martinez ( 2016 )

FILED
NOT FOR PUBLICATION AUG 01 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-10142
Plaintiff-Appellee, D.C. No. 4:14-cr-00943-JAS
v.
MEMORANDUM*
JOSE JUAN MARTINEZ-MARTINEZ,
a.k.a. Jose Juan Martinez,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Arizona
James A. Soto, District Judge, Presiding
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Jose Juan Martinez-Martinez appeals from the district court’s judgment and
challenges the 36-month sentence imposed following his guilty-plea conviction for
*
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).
attempted reentry of a removed alien, in violation of 8 U.S.C. § 1326(a). We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Martinez-Martinez contends that the district court abused its discretion by
departing upwards on the basis of its conclusion that Martinez-Martinez’s offense
level substantially understated the seriousness of his prior convictions. Our review
of Martinez-Martinez’s challenge to the district court’s decision to depart under
note 7 of the commentary to U.S.S.G. § 2L1.2 is limited to determining whether
the court imposed a substantively reasonable sentence. See United States v.
Vasquez-Cruz, 692 F.3d 1001, 1005 (9th Cir. 2012). Contrary to Martinez-
Martinez’s argument, the above-Guidelines sentence is substantively reasonable in
light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the
circumstances, including Martinez-Martinez’s criminal history and the fact that he
attempted to reenter the country within two months of being deported. See Gall v.
United States, 552 U.S. 38, 51 (2007).
AFFIRMED.
2 15-10142