United States of America v. Juan Carlos Vasquez- Hernandez

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JUAN CARLOS VASQUEZ-
HERNANDEZ,
Defendant - Appellant.
No. 11-50420
D.C. No. 3:11-cr-00792-WQH
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
William Q. Hayes, District Judge, Presiding
Submitted September 10, 2012**
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Juan Carlos Vasquez-Hernandez appeals from the 44-month sentence
imposed following his jury-trial conviction for being a deported alien found in the
United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28
FILED
SEP 21 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-50420 2
U.S.C. § 1291, and we affirm.
Vasquez-Hernandez contends that the district court procedurally erred by
failing to respond to his arguments concerning a letter from a member of the jury.
This contention lacks merit, as the record reflects that the district court considered
Vasquez-Hernandez’s arguments, provided an adequate explanation for rejecting
his position, and did not otherwise procedurally err. See United States v. Carty,
520 F.3d 984, 992-93 (9th Cir. 2008) (en banc).
Vasquez-Hernandez also contends that his sentence is substantively
unreasonable. In light of the totality of the circumstances and the 18 U.S.C.
§ 3553(a) sentencing factors, the below-Guidelines sentence is substantively
reasonable. See Gall v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.

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