United States v. Luis Perez-Rios

MEMORANDUM

Luis PerezARios appeals from the district court’s judgment and challenges the 24-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 . Wé have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Perez-Rios contends that the district court abused its discretion by denying the parties’ joint recommendation for a fast-track departure under U.S.S.G. § 5K3.1 because the district court allegedly based its determination on a disagreement with the Congressional policy that authorizes fast-track departures. Contrary to Perez-Rios’s argument, the record reflects that the district court properly based its denial of the fast-track departure on the individualized factors of his case, including his substantial criminal history and the need for deterrence. See United States v. Rosales-Gonzales, 801 F.3d 1177, 1183-84 (9th Cir. 2015) (district court must consider individual factors and exercise its discretion when evaluating whether to grant a fast-track departure).

Perez-Rios next contends that his sentence is substantively unreasonable in light of the district court’s allegedly erroneous…