Sanchez-Hernandez

United States v. Sanchez-Hernandez

Good Law
346 F. App'x 264
United States Court of Appeals for the Ninth CircuitSeptember 30, 2009No. 08-10264California222 words

Opinion

Lead Opinion

MEMORANDUM **

David Fernando Sanchez-Hernandez appeals from the 30-month sentence imposed following his jury-trial conviction for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Sanchez-Hernandez contends that the district court erred at sentencing by denying a two-level downward adjustment for acceptance of responsibility, pursuant to U.S.S.G. § 3E1.1. The district court did not commit clear error in determining that Sanchez had not clearly demonstrated acceptance of responsibility for his offense. See United States v. Wilson, 392 F.3d 1055, 1061-63 (9th Cir.2004); United States v. Fellows, 157 F.3d 1197, 1202-03 (9th Cir.1998).

Sanchez-Hernandez also contends that the district court erred by basing its decision to apply an upward departure to his criminal history category on unreliable information, and that the result *266 ing sentence is unreasonable. The record supports the district court’s finding that Sanchez-Hernandez’s original criminal history category substantially underrepresented the seriousness of his criminal history. See, e.g., United States v. Daychild, 357 F.3d 1082,…

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