Opinion
No. 11-50420 D.C. No. 3:11-cr-00792-WQH
09-21-2012
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JUAN CARLOS VASQUEZ-HERNANDEZ, 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NOT FOR PUBLICATION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
William Q. Hayes, District Judge, Presiding
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Juan Carlos Vasquez-Hernandez appeals from the 44-month sentence imposed following his jury-trial 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.
Vasquez-Hernandez contends that the district court procedurally erred by failing to respond to his arguments concerning a letter from a member of the jury. This contention lacks merit, as the record reflects that the district court considered Vasquez-Hernandez's arguments, provided an adequate explanation for rejecting his position, and did not otherwise procedurally err. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en banc).
Vasquez-Hernandez also contends that his sentence is substantively unreasonable. In light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors, the below-Guidelines sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.