NOT FOR PUBLICATION                           FILED
                    UNITED STATES COURT OF APPEALS                        FEB 7 2020
                                                                      MOLLY C. DWYER, CLERK
                                                                       U.S. COURT OF APPEALS
                           FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,                       Nos. 19-50200
                                                    19-50201
                Plaintiff-Appellee,
                                                D.C. Nos. 3:19-cr-00741-LAB-1
 v.                                                       3:18-cr-03281-LAB-1

FRANCISCO GOMEZ-CRUZ,
                                                MEMORANDUM*
                Defendant-Appellant.

                   Appeal from the United States District Court
                     for the Southern District of California
                    Larry A. Burns, District Judge, Presiding

                           Submitted February 4, 2020**

Before:      FERNANDEZ, SILVERMAN, and TALLMAN, Circuit Judges.

      In these consolidated appeals, Francisco Gomez-Cruz appeals the 16-month

sentence imposed following his guilty-plea conviction for attempted reentry of a

removed alien, in violation of 8 U.S.C. § 1326, and the 10-month consecutive

sentence imposed upon revocation of supervised release. We have jurisdiction



      *
             This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
      **
             The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
under 28 U.S.C. § 1291, and we affirm.

      Gomez-Cruz contends that the aggregate 26-month sentence is substantively

unreasonable. He argues that the district court abused its discretion by denying the

parties’ joint recommendation for a two-level fast-track departure under U.S.S.G.

§ 5K3.1, and that the circumstances did not support consecutive high-end

sentences. The district court did not abuse its discretion. See Gall v. United States,

, 51 (2007); United States v. Rosales-Gonzales, 

, 1180

(9th Cir. 2015). The 26-month sentence is substantively reasonable in light of the

applicable 18 U.S.C. § 3553(a) sentencing factors and the totality of the

circumstances, including Gomez-Cruz’s significant immigration history. See 

; see also U.S.S.G. § 7B1.3(f). Moreover, contrary to Gomez-Cruz’s

contentions, the district court considered the section 3553(a) factors and adequately

explained its reasons for the sentence, see United States v. Carty, 

,

991-92 (9th Cir. 2008) (en banc), and did not rely on any clearly erroneous facts,

see United States v. Graf, 

, 1157 (9th Cir. 2010) (“A finding is

clearly erroneous if it is illogical, implausible, or without support in the record.”).

      AFFIRMED.




                                           2                           19-50200 & 19-50201