United States v. Javier Hernandez-Perez
UNITED STATES of America, Plaintiff-Appellee, v. Javier HERNANDEZ-PEREZ, A.K.A. Ricardo Jimenez Hernandez, Defendant-Appellant
Opinion
MEMORANDUM ** Javier Hernandez-Perez appeals from the 33-month sentence imposed following his guilty-plea conviction for reentry of a removed alien, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
Hernandez-Perez contends that the district court failed to recognize its authority to reject the illegal reentry Guideline’s prior-conviction sentencing enhancement on policy grounds. The record belies this contention. The district court considered Hernandez-Perez’s policy and other mitigation arguments, recognized that the Guidelines are advisory, imposed a sentence that was 24 months below the advisory Guidelines range, and found the circumstances insufficient to justify a shorter sentence.
See United States v. Ayala-Nicanor, 659 F.3d 744, 752-53 (9th Cir. 2011).
Hernandez-Perez’s contention that his prior conviction for making a criminal threat, in violation of section 422 of the California Penal Code, is not categorically a crime of violence is foreclosed.
See United States v. Villavicencio-Burruel, 608 F.3d 556, 563 (9th Cir.2010).
AFFIRMED.
** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 1 case
View all citing references →Relies on it most ⓘ
Most recent
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.