UNITED STATES OF AMERICA v. JOSE JUAN MARTINEZ MARTINEZ (2016)

MEMORANDUM*

Jose Juan Martinez-Martinez appeals from the district court's judgment and challenges the 36-month sentence imposed following his guilty-plea conviction for attempted reentry of a removed alien, in violation of 8 U.S.C. § 1326(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Martinez-Martinez contends that the district court abused its discretion by departing upwards on the basis of its conclusion that Martinez-Martinez's offense level substantially understated the seriousness of his prior convictions. Our review of Martinez-Martinez's challenge to the district court's decision to depart under note 7 of the commentary to U.S.S.G. § 2L1.2 is limited to determining whether the court imposed a substantively reasonable sentence. See United States v. Vasquez-Cruz, 692 F.3d 1001, 1005 (9th Cir. 2012). Contrary to Martinez-Martinez's argument, the above-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Martinez-Martinez's criminal history and the fact that he attempted to reenter the country within two months of being deported. See Gall v. United States, 552 U.S. 38, 51 (2007).

AFFIRMED.