From Casetext: Smarter Legal Research

United States v. Rodriguez-Portillo

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 16, 2012
485 F. App'x 889 (9th Cir. 2012)

Opinion

No. 12-50071 D.C. No. 3:11-cr-04475-BEN

10-16-2012

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ROSARIO RODRIGUEZ-PORTILLO, Defendant - Appellant.


NOT FOR PUBLICATION


MEMORANDUM

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


Appeal from the United States District Court

for the Southern District of California

Roger T. Benitez, District Judge, Presiding

Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

Rosario Rodriguez-Portillo appeals from the 24-month sentence imposed following his guilty-plea conviction for being a deported 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.

Rodriguez-Portillo contends that the district court procedurally erred by (1) failing to use the Guidelines sentencing range as a starting point, (2) failing to keep the Guidelines range in mind during sentencing, and (3) relying on deterrence and the need to protect the public to the exclusion of other 18 U.S.C. § 3553(a) factors. The record does not support these contentions. The district court determined the correct Guidelines sentencing range, listened to Rodriguez-Portillo's mitigating arguments, considered the section 3553(a) factors, and sufficiently explained its reasons for imposing an above-Guidelines sentence. See United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc).

Rodriguez-Portillo also contends that his sentence is substantively unreasonable. In light of the totality of the circumstances and the section 3553(a) sentencing factors, the sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51 (2007).

AFFIRMED.


Summaries of

United States v. Rodriguez-Portillo

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 16, 2012
485 F. App'x 889 (9th Cir. 2012)
Case details for

United States v. Rodriguez-Portillo

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ROSARIO…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 16, 2012

Citations

485 F. App'x 889 (9th Cir. 2012)