United States v. Jose Hernandez-Hernandez

MEMORANDUM

Jose Hernandez-Hernandez appeals the sentence imposed following his guilty plea conviction for illegal reentry in violation of 8 U.S.C. § 1326 . He contends that the district court abused its discretion when it rejected his Rule 11(c)(1)(B) fast track plea agreement, recalculated the sentencing guidelines range, and imposed a term of incarceration longer than was recommended by the government, but within the recalculated guidelines range. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court’s rejection of Hernandez-Hernandez’s fast-track plea agreement was not an abuse of discretion. United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008). Its refusal to exercise its discretion to decrease the offense level by four for early disposition was not substantively unreasonable. See United States v. Ellis, 641 F.3d 411, 421 (9th Cir.2011) (“In analyzing challenges to a court’s upward and downward departures to a specific offense characteristic or other adjustment under Section 5K, we do not evaluate them for procedural correctness, but rather, as part of a sentence’s substantive reasonableness.”). Although the district judge accorded substantial…