United States v. Marcelo Hernandez-Rojas
Opinion
Opinion
MEMORANDUM
In these consolidated appeals, Marcelo Hernandez-Rojas appeals from the 37-month sentence imposed following his jury-trial conviction for illegal reentry, in violation of 8 U.S.C. § 1326 , and from the 24-month consecutive sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm but remand to the district court to correct a clerical error in the judgment in case number 11-30306.
Hernandez-Rojas contends that the district court procedurally erred by placing undue emphasis on the Sentencing Guidelines, and by failing adequately to consider his mitigating arguments. The district court listened to Hernandez-Rojas’s mitigating arguments, heard testimony from an expert witness, and then granted a ten-level variance below the advisory Guidelines range. The court did not procedurally err.
Hernandez-Rojas also contends that his sentence is substantively unreasonable. In light of the totality of the circumstances, the sentence imposed, including the 24-month consecutive revocation sentence, is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007).