Hernandez-Garcia

MEMORANDUM *

Jesus Alejandro Hernandez-Garcia appeals his 57-month sentence for his conviction of one count of being an alien found in the United States following deportation. Even though the 57-month sentence is within Hernandez-Garcia’s correctly calculated Sentencing Guidelines range, we have jurisdiction to review his challenge that this sentence is unreasonable.

Hernandez-Garcia argues that his sentence is unreasonable because the Guidelines count his prior criminal history against him twice. He is arguing that it was unreasonable for the sentencing judge not to depart downwards because this “double counting” resulted in an “unreasonable” sentencing range. However, we have held that the method of counting used to determine Hernandez-Garcia’s sentence is permissible. 2 Moreover, the overall sentence is reasonable. The record before us indicates that Hernandez-Garcia has twice been deported and that on each occasion he quickly re-entered the United States. The record also indicates that Hernandez-Garcia has committed numerous serious criminal offenses while in the United States, including grand theft, attempted burglary, and assault on a police officer with a firearm. On…