United States v. Haoren Ma

MEMORANDUM

Haoren Ma appeals from the district court’s judgment and challenges the 54-month sentence imposed follow his conviction for conspiracy, in violation of 18 U.S.C. § 371 ;- presentation of a false immigration document or application, in violation of 18 U.S.C. § 1546 (a); and aggravated identity theft, in violation of 18 U.S.C. § 1028A(a)(l). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Ma contends that his sentence is substantively unreasonable because his code-fendant received a sentence of 12 months and one day. The district court did not abuse its discretion in imposing Ma’s sentence. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). The below-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553 (a) sentencing factors and the totality of the circumstances. See Gall, 552 U.S. at 51 , 128 S.Ct. 586 ; United States v. Bendtzen, 542 F.3d 722, 729 (9th Cir.2008) (noting that a Guidelines or below-Guidelines sentence will usually be reasonable). Moreover, the disparity between Ma’s sentence and that of his code- fendant was not unwarranted because they had different criminal histories and played…