United States v. Francisco Dorantes

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 13, 2023
• Docket: 22-50193
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 13 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 22-50193

Plaintiff-Appellee, D.C. No. 8:22-cr-00050-SB-1

v. MEMORANDUM* FRANCISCO VASQUEZ DORANTES, AKA Francisco Vasquez Durantes, AKA Frank Vasquez,

Defendant-Appellant.

Appeal from the United States District Court for the Central District of California Stanley Blumenfeld, Jr., District Judge, Presiding

Submitted June 26, 2023**

Before: CANBY, S.R. THOMAS, and CHRISTEN, Circuit Judges.

Francisco Vasquez Dorantes appeals from the district court’s judgment and

challenges the 24-month sentence imposed following his guilty-plea conviction for

being an illegal alien found in the United States following deportation, in violation

* 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). of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Vasquez Dorantes contends that his mid-range Guidelines sentence is

substantively unreasonable because the district court placed undue weight on his

criminal history, and in particular his older offenses. The district court did not

abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The district

court was required to consider Vasquez Dorantes’s criminal history when making

its sentencing determination, see 18 U.S.C. § 3553(a)(1), and its emphasis on this

factor was reasonable given Vasquez Dorantes’s lengthy record, see United States

v. Gutierrez-Sanchez, 587 F.3d 904, 908 (9th Cir. 2009). Contrary to Vasquez

Dorantes’s suggestion, the district court did not engage in any impermissible

double-counting, see United States v. Christensen, 732 F.3d 1094, 1100 (9th Cir.

2013); did consider his mitigating circumstances; and did not err in its treatment of

his older offenses. The 24-month sentence is substantively reasonable in light of

the § 3553(a) factors and totality of the circumstances, including Vasquez

Dorantes’s substantial criminal history, as well as the need to protect the public,

provide just punishment, and promote respect for the law. See Gall, 552 U.S. at

51.

AFFIRMED.

2 22-50193