United States v. Juan Vasquez-Hernandez

MEMORANDUM

Juan Carlos Vasquez-Hernandez appeals from the 44-month sentence imposed following his jury-trial conviction for being a deported 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.

Vasquez-Hernandez contends that the district court procedurally erred by failing to respond to his arguments concerning a letter from a member of the jury. This contention lacks merit, as the record reflects that the district court considered Vasquez-Hernandez’s arguments, provided an adequate explanation for rejecting his position, and did not otherwise procedurally err. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir.2008) (en banc).

Vasquez-Hernandez also contends that his sentence is substantively unreasonable. In light of the totality of the circumstances and the 18 U.S.C. § 3553 (a) sentencing factors, the below-Guidelines sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.