United States v. Areli Vences-Navarette

Good Law
584 F. App'x 860
United States Court of Appeals for the Ninth CircuitOctober 1, 201413-10556California153 words

Opinion

MEMORANDUM

Areli Vences-Navarette appeals from the district court’s judgment and challenges the 48-month sentence imposed following his guilty-plea conviction for being a deported alien found unlawfully in the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Vences-Navarette contends that his above-Guidelines sentence is substantively unreasonable because the 18 U.S.C. § 3553 (a) sentencing factors supported the imposition of a within-Guideline sentence. The district court did not abuse its discretion in imposing Vences-Navarette’s sentence. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). The sentence is substantively reasonable in light of the section 3553(a) sentencing factors and the totality of the circumstances, including Vences-Navarette’s extensive criminal and immigration history. See id.

AlFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.