United States v. Aristeo Ortiz-Sanchez

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NOT FOR PUBLICATION JAN 27 2015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