UNITED STATES OF AMERICA v. ADRIAN ZITLALPOPOCA HERNANDEZ (2017)

ORDER

The court's memorandum disposition filed September 26, 2017, is hereby amended as follows:

The fifth paragraph of the memorandum disposition previously read:

Finally, appellant argues that his sentence was substantively unreasonable. A sentence is not substantively unreasonable where “the record as a whole reflects rational and meaningful consideration of the factors enumerated in 18 U.S.C. § 3553(a).” United States v. Ruiz-Apolonio, 657 F.3d 907, 911 (9th Cir. 2011) (internal quotations omitted). The record here reflects meaningful consideration of the 18 U.S.C. § 3553(a) factors, spanning three sentencing proceedings. The sentence was not substantively unreasonable.

The memorandum disposition is amended so that the fifth paragraph now reads:

Because we reverse and remand on procedural grounds, we do not reach the question of whether the sentence was substantively reasonable. See, e.g., United States v. Grissom, 525 F.3d 691, 696 (9th Cir. 2008).

With that amendment, Defendant-Appellant's petition for panel rehearing is DENIED. The petition for rehearing en banc remains pending. No further petitions for rehearing or for rehearing en banc may be filed.