United States v. Salvador Castillo-Garcia

MEMORANDUM

In these consolidated appeals, Salvador Lubian Castillo-Gareia appeals the 15-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 , and the eight-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Castillo-Gareia contends that by running his sentences consecutively, the district court imposed a substantively unreasonable sentence. The district court did not abuse its discretion in imposing Castillo-Garcia’s sentence. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). The aggregate sentence is substantively reasonable in light of the 18 U.S.C. §§ 3553 (a) and 3583(e) sentencing factors and the totality of the circumstances, including Castillo-Garcia’s prior removals and conviction for the same offense, the fact that Castillo-Gareia was on supervised release on a prior illegal reentry conviction at the time he was convicted of the instant offense, and the need to deter future criminal conduct. See Gall, 552 U.S. at 51 , 128 S.Ct. 586 ; see also U.S.S.G. §…