United States of America v. Hector Sanchez-Santillan, a.k.a. Miguel Sanchez-Lopez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
HECTOR SANCHEZ-SANTILLAN, a.k.a.
Miguel Sanchez-Lopez,
Defendant-Appellant.
No. 18-50035
D.C. No. 3:17-cr-02601-LAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted June 12, 2018**
Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges.
Hector Sanchez-Santillan appeals from the district court’s judgment and
challenges the 24-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
JUN 15 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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Sanchez-Santillan contends that the sentence is substantively unreasonable
because the aggravating circumstances identified by the district court were
insufficient to justify an upward variance from the Guidelines range and the district
court placed too much weight on his prior domestic violence conviction. The
district court did not abuse its discretion in imposing Sanchez-Santillan’s sentence.
See Gall v. United States, 552 U.S. 38, 51 (2007). Contrary to Sanchez-Santillan’s
argument, the district court explicitly and repeatedly stated that it considered his
domestic violence conviction to “a lesser extent.” The district court primarily
focused on Sanchez-Santillan’s 17 previous deportations and exclusions, and the
failure of a prior 12-month-and-one-day sentence for his last immigration offense
to deter him from returning unlawfully. In light of the totality of the
circumstances and the 18 U.S.C. § 3553(a) sentencing factors, the above-
Guidelines sentence is substantively reasonable. See Gall, 552 U.S. at 51.
AFFIRMED.

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