United States v. Anthony Casias

MEMORANDUM

Anthony (“Tony”) and Leo Casias appeal their sentences, imposed following their guilty pleas to conspiracy to commit wire fraud. The district court sentenced Tony to thirty-six months’ imprisonment and Leo to thirty-three months’ imprisonment. On appeal, Tony challenges the substantive reasonableness of his sentence, and Leo makes multiple challenges to the procedural reasonableness of his sentence. We affirm.

We review Defendants’ sentences for an abuse of discretion. United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc). Our review of a sentence is composed of two parts: we “first consider whether the district court committed significant procedural error, then ... consider the substantive reasonableness of the sentence.” Id. A district court commits procedural error when it “fail[s] to consider the [18 U.S.C.] § 3553(a) factors; ... choose[s] a sentence based on clearly erroneous facts; or ... fail[s] to adequately explain the sentence selected, including any deviation from the Guidelines range.” Id. “In determining substantive reasonableness, we are to consider the totality of the circumstances, including the degree of variance for a sentence imposed…