United States v. Hermes Guillen

436 F. App'x 816

Opinion

MEMORANDUM **

Hermes Adonay Guillen appeals from the 36-month sentence imposed following his guilty-plea conviction for being a deported alien found unlawfully in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Guillen contends that the sentence is substantively unreasonable because: (1) it was unreasonable for the district court to enhance his sentence based on his prior drug trafficking conviction; (2) he is unlikely to reoffend; and (3) he is culturally assimilated. In light of the totality of the circumstances and the factors under 18 U.S.C. § 3553(a), the sentence below the Guidelines range is substantively reasonable. See United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.