United States v. Mauro Ordaz-Moreno

MEMORANDUM

Mauro Ordaz-Moreno appeals from the district court’s judgment and challenges the 30-month sentence imposed following his guilty-plea conviction for attempted reentry of a deported alien, in violation of 8 U.S.C. § 1326 ; and fraud and misuse of visas, permits, and other documents, in violation of 18 U.S.C. § 1546 (a). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Ordaz-Moreno contends that his sentence is substantively unreasonable in light of the staleness of his prior conviction and his cultural assimilation. The district court did not abuse its discretion in imposing Ordaz-Moreno’s sentence. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). The 30-month sentence at the bottom of the Guidelines range is substantively reasonable in light of the 18 U.S.C. § 3553 (a) sentencing factors and the totality of the circumstances, including Ordazr-Moreno’s criminal history and the need to promote respect for the law. See Gall, 552 U.S. at 51 , 128 S.Ct. 586 ; see also United States v. Burgos-Ortega, 111 F.3d 1047, 1057 (9th Cir.2015) (noting that the defendant’s staleness argument “was taken into account under the…