United States of America v. Hugo Islas-Hernandez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
HUGO ISLAS-HERNANDEZ,
Defendant-Appellant.
Nos. 17-50279
17-50280
D.C. Nos. 3:17-cr-00921-LAB
3:17-cr-07078-LAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted May 15, 2018**
Before: SILVERMAN, BEA, and WATFORD, Circuit Judges.
In these consolidated appeals, Hugo Islas-Hernandez appeals his jury-trial
conviction for unlawful entry by an alien in violation of 8 U.S.C. § 1325, the one-
year term of supervised release imposed following his conviction, the revocation of
his supervised release, and the ten-month term of supervised release imposed
* 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
MAY 22 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-50279 & 17-50280
following the revocation. We have jurisdiction under 28 U.S.C. § 1291, and we
affirm.
As Islas-Hernandez acknowledges, his challenge to his conviction and
supervised release revocation based on the contention that there was insufficient
evidence that he entered the United States at a “place other than as designated by
immigration officers,” 8 U.S.C.§ 1325(a)(1), is foreclosed by this court’s decision
in United States v. Aldana, 878 F.3d 877 (9th Cir. 2017).
Islas-Hernandez also contends that the district court plainly erred by
imposing supervised release terms because U.S.S.G. § 5D1.1 recommends
supervision only when it is an additional deterrent beyond the threat of a new
prosecution. We disagree. The record reflects that the court understood the
Guideline and acted consistently with it when, after noting Islas-Hernandez’s
immigration history, it imposed supervised release terms as an additional
deterrent. See U.S.S.G. § 5D1.1 cmt. n.5; United States v. Valdavinos-Torres, 704
F.3d 679, 692-93 (9th Cir. 2012).
AFFIRMED.

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