United States v. Doroteo Ruiz-Hernandez

FILED

NOT FOR PUBLICATION

FEB 18 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-50136

Plaintiff-Appellee, D.C. Nos. 3:21-cr-00139-TWR-1 v. 3:21-cr-00139-TWR

DOROTEO RUIZ-HERNANDEZ,

MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California Todd W. Robinson, District Judge, Presiding

Argued and Submitted February 10, 2022 Pasadena, California

Before: SCHROEDER, LIPEZ,** and LEE, Circuit Judges.

Doroteo Ruiz-Hernandez appeals his 36-month sentence for illegal reentry in

violation of 8 U.S.C. § 1326. The sentence exceeded the government’s request by

nearly 24 months. The sentence was also 12 months above the presentence

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Kermit V. Lipez, United States Circuit Judge for the First Circuit, sitting by designation. report’s recommendation, which represented the high end of the…