United States of America v. Santos Diaz Martinez, a.k.a. Abacuc Palacios Barrera, a.k.a. Santos Martinez Diaz,…

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NOT FOR PUBLICATION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.
SANTOS DIAZ MARTINEZ, a.k.a.
Abacuc Palacios Barrera, a.k.a. Santos
Martinez Diaz, a.k.a. Jose Santos Diaz
Martinez,
Defendant - Appellant.
No. 12-50024
D.C. No. 2:11-cr-00868-PA
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Percy Anderson, District Judge, Presiding
Submitted February 11, 2013**
Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.
Santos Diaz Martinez appeals from the district court’s judgment and
challenges the 48-month sentence imposed following his guilty-plea conviction for
FILED
FEB 21 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-50024 2
being an illegal alien found in the United States following deportation, in violation
of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Diaz Martinez contends that the district court erred procedurally by not
considering and granting a four-level departure under U.S.S.G. § 5K3.1. He also
contends that the district court procedurally erred by failing to explain sufficiently
its denial of that departure. We do not review departures for procedural
correctness. See United States v. Vasquez-Cruz, 692 F.3d 1001, 1008 (9th Cir.
2012). Moreover, the district court need not give explicit reasons for rejecting a
requested departure. See id.
Diaz Martinez points to no authority to support his contention that the
district court’s discretionary denial of the four-level departure recommended by the
government violated the separation of powers.
AFFIRMED.

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