United States v. Aristeo Ortiz-Sanchez ( 2015 )

FILED
NOT FOR PUBLICATION JAN 27 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-50160
Plaintiff - Appellee, D.C. No. 3:14-cr-00044-LAB
v.
MEMORANDUM*
ARISTEO ORTIZ-SANCHEZ, a.k.a.
Aristeo Cortez-Sanchez, a.k.a. Mario
Gomez-Sanchez, a.k.a. Aristeo Sanchez
Ortiz, a.k.a. Miguel Sanchez-Cortez, a.k.a.
Teo, a.k.a. Geraldo Valencia,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted January 21, 2015**
Before: CANBY, GOULD, and N.R. SMITH, Circuit Judges.
Aristeo Ortiz-Sanchez appeals from the district court’s judgment and
challenges the 75-month sentence imposed following his guilty-plea conviction for
*
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).
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.
Ortiz-Sanchez contends that the district court’s discretionary denial of a fast-
track departure under U.S.S.G. § 5K3.1 rendered his sentence substantively
unreasonable. “In analyzing challenges to a court’s upward and downward
departures . . . under Section 5K, we do not evaluate them for procedural
correctness, but rather, as part of a sentence’s substantive reasonableness.” United
States v. Ellis, 641 F.3d 411, 421 (9th Cir. 2011). The district court did not abuse
its discretion in imposing Ortiz-Sanchez’s sentence. See Gall v. United States, 552
U.S. 38, 51 (2007). 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 Ortiz-Sanchez’s criminal history and numerous prior
deportations. See Gall, 552 U.S. at 51.
AFFIRMED.
2 14-50160