United States v. Daniel Carreon-Ortiz

MEMORANDUM

Daniel Carreon-Ortiz appeals from the district court’s judgment and challenges the 12-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.

Carreon-Ortiz contends that his sentence is substantively unreasonable because the district court (i) granted a two-level rather than a four-level fast-track departure, which resulted in an unwarranted sentencing disparity; and (ii) considered him to be a danger to the public despite his success in battling alcoholism. The district court did not abuse its discretion in imposing Carreon-Ortiz’s sentence. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). The sentence at the top of the Guidelines range is substantively reasonable in light of the 18 U.S.C. § 3553 (a) sentencing factors and the totality of the circumstances, including Carreon-Ortiz’s extensive immigration history and the need for deterrence. See Gall, 552 U.S. at 51 , 128 S.Ct. 586 .

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as…