United States v. Aristeo Ortiz-Sanchez

MEMORANDUM

Aristeo Ortiz-Sanchez appeals from the district court’s judgment and challenges the 75-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.

Ortiz-Sanchez contends that the district court’s discretionary denial of a fast-track. departure under U.S.S.G. § 5K3.1 rendered his sentence substantively unreasonable. “In analyzing challenges to a court’s upward and downward departures ... under Section 5K, we do not evaluate them for procedural correctness, but rather, as part of a sentence’s substantive reasonableness.” United States v. Ellis, 641 F.3d 411, 421 (9th Cir.2011). The district court did not abuse its discretion in imposing Ortiz-Sanchez’s sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). 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, including Ortiz-Sanchez’s criminal history and numerous prior deportations. See Gall, 552 U.S. at 51 , 128 S.Ct. 586…