United States v. Isrrael Paramo-Villasana

MEMORANDUM

Isrrael Paramo-Villasana appeals his jury-trial conviction and 46-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Paramo-Villasana contends that the district court erred by denying his motion to suppress his identity, which he disclosed during a traffic stop, because he had reason to believe that he was not free to leave during the stop. We review the denial of a motion to suppress de novo. See United, States v. Del Toro Gudino, 376 F.3d 997, 998 (9th Cir.2004). We decline to reach the issue of whether Paramo-Villasana’s encounter with law enforcement violated the Fourth Amendment because, even assuming a violation, Paramo-Villasana’s identity cannot be suppressed. See id. at 1000-01 .

Paramo-Villasana also contends that his sentence is substantively unreasonable. We review for abuse of discretion, see Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007), and find none. The within-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553 (a) sentencing factors and the totality of the circumstances, including Paramo-Villasana’s…