United States v. Simon-Hernandez

MEMORANDUM ** Melquíades Simon-Hernandez appeals from the 27-month sentence imposed following his guilty-plea conviction for illegally reentering the United States following deportation, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Simon-Hernandez contends that the district court procedurally erred by: (1) fafl *400 ing to provide an adequate explanation for the sentence imposed; (2) failing to address his mitigation arguments; and (8) erroneously considering certain defendants in discounting his cultural assimilation argument. We conclude that the district court did not procedurally err. See Gall v. United States, — U.S. -, 128 S.Ct. 586, 597-98 , 169 L.Ed.2d 445 (2007). Simon-Hernandez also contends that his sentence is substantively unreasonable because there is an unwarranted disparity between the sentence he received and the sentences imposed upon defendants sentenced under the fast-track program. The disparity is not unwarranted. See United States v. Marcial-Santiago, 447 F.3d 715, 719 (9th Cir.2006). Thus, Simon-Hernandez’s sentence is not substantively unreasonable. See Gall, 128 S.Ct. at 597 . AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.