United States v. Jose Hidalgo-Villanueva

624 F. App'x 549

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 14, 2015
• Docket: 15-50109
• Status: Unpublished

Opinion

MEMORANDUM **

Jose Luis Hidalgo-Villanueva appeals from the district court’s judgment and challenges the 13-month sentence imposed following his guilty-plea conviction for being a removed alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Hidalgo-Villanueva contends that the government breached the parties’ plea agreement at the sentencing hearing by implicitly suggesting that it did not support the stipulated four-level fast-track departure under U.S.S.G. § 5K3.1. We reject this argument because the record reflects that, in its sentencing summary chart and at the sentencing hearing, the government stood by its recommendation that Hidalgo-Villanueva receive the stipulated fast-track departure. Accordingly, Hidalgo-Villanueva received the benefit of his bargain and “the presentation of a united front to the court.” United States v. Alcala-Sanchez, 666 F.3d 571, 575 (9th Cir.2012) (internal quotations omitted).

Hidalgo-Villanueva next contends that his sentence is substantively unreasonable in light of the mitigating factors and the court’s denial of the fast-track departure. We disagree. The within-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, in-eluding Hidalgo-Villanueva’s immigration history. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

AFFIRMED.

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