UNITED STATES of America, Plaintiff-Appellee, v. Roberto HERNANDEZ-HERNANDEZ, Defendant-Appellant, 538 F. App'x 827

MEMORANDUM Roberto Hernandez-Hernandez appeals from the district court’s judgment and challenges the 55-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. The district court did not abuse its discretion in imposing Hernandez’s 55-month sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). 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. See id. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.