Hernandez-Felix

United States v. Hernandez-Felix

Good Law
258 F. App'x 142
United States Court of Appeals for the Ninth CircuitDecember 7, 2007No. 07-10052California374 words

Opinion

Lead Opinion

MEMORANDUM ***

Jose Luis Hernandez-Felix appeals the twenty-four month sentence imposed following his guilty plea to illegal reentry after deportation in violation of 8 U.S.C. § 1326 (a). We review arguments raised *143 for the first time on appeal for plain error. United States v. Olano, 507 U.S. 725, 732-34 , 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993); United States v. Sylvester Norman Knows His Gun, III, 438 F.3d 913, 918 (9th Cir.2006), ce rt. denied, 547 U.S. 1214 , 126 S.Ct. 2913 , 165 L.Ed.2d 931 (2006).

Hernandez-Felix’s objection to the district court’s sentence, which was twelve months above the recommended Guidelines sentence, “is essentially a challenge to the ‘reasonableness’ of the ultimate sentence.” United States v. Menyweather, 447 F.3d 625, 634 (9th Cir.2006), amending and superseding 431 F.3d 692 (9th Cir.2005). It is undisputed that Hernandez-Felix failed to register as a sex offender and was carrying a photograph of his young step-daughter, whom he was prohibited from contacting by a protective order, at the time of his arrest. Given these facts, Hernandez-Felix’s sentence of twenty-four months was not unreasonable.

The district court considered pertinent 18…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.