Hernandez-Felix
United States v. Hernandez-Felix
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.