Sandoval-Hernandez

*677 MEMORANDUM *

Jaime Sandoval-Hernandez (“Sandoval-Hernandez”) challenges the sentence issued by the district court after he was convicted of being present in the United States as an illegal alien following deportation, in violation of 8 U.S.C. § 1826 . We hold that Sandoval-Hernandez’ sentence of sixty months — below the advisory guidelines range — was not unreasonable, and we affirm the decision of the district court.

This court will only set aside a procedurally erroneous or substantively unreasonable sentence. See Rita v. United States, 551 U.S.-,-, 127 S.Ct. 2456, 2459 , 168 L.Ed.2d 203 (2007) (citing United States v. Booker, 543 U.S. 220, 261-63 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005)). Here, the district court followed proper procedure. The district court determined the applicable Guidelines range, then considered the factors in 18 U.S.C. § 3553 (a) in seeking “a sentence sufficient, but not greater than necessary,” and provided an explanation for why the chosen sentence fell below that suggested by the Guidelines. See United States v. Carty, 520 F.3d 984, 991-94 (9th Cir.2008) (describing the procedural requirements for proper sentencing).

Nor was the resulting…