United States of America v. Roberto Ayala Amarillas

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ROBERTO AYALA AMARILLAS,
Defendant-Appellant.
No. 17-50033
D.C. No. 3:16-cr-01755-DMS
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Submitted December 18, 2017**
Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.
Roberto Ayala Amarillas appeals from the district court’s judgment and
challenges the 27-month sentence imposed following his guilty-plea conviction for
attempted reentry of a removed alien, 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 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).
FILED
DEC 22 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-50033
Ayala contends that the district court improperly relied on his criminal
history as a reason to deny the parties’ joint request for a fast-track departure under
U.S.S.G. § 5K3.1. The court did not abuse its discretion. See United States v.
Rosales-Gonzales, 801 F.3d 1177, 1184 (9th Cir. 2015) (district court properly
exercised its discretion to deny fast-track departure on the basis of defendant’s
immigration and criminal history). Moreover, the 27-month sentence is
substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and
the totality of the circumstances, including his failure to be deterred by a previous
37-month sentence. See Rosales-Gonzales, 801 F.3d at 1184-85.
AFFIRMED.

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