United States v. Fernandez-Gastelum

MEMORANDUM ** Reynaldo Fernandez-Gastelum appeals from his 37-month sentence imposed for *132 illegally reentering the United States following a prior deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Fernandez-Gastelum contends that his sentence is unreasonable because it does not adequately reflect the mitigating features of his case. We disagree. The district court carefully considered Fernandez-Gastelum’s history and circumstances, addressed the statutory factors specified in 18 U.S.C. § 3553 (a), properly applied the Sentencing Guidelines, and granted Fernandez-Gastelum a two-level downward departure before imposing a sentence at the bottom of the Guidelines range. We cannot conclude such a sentence is unreasonable. See United States v. Plouffe, 445 F.3d 1126, 1131 (9th Cir.), cert. denied 547 U.S. 1158 , 126 S.Ct. 2314 , 164 L.Ed.2d 832 (2006). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.