United States v. Leo Gasga-Amaya

MEMORANDUM

Leo Nicolas Gasga-Amaya appeals from the 60-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Gasga-Amaya contends that the district court committed procedural error by imposing an upward variance largely on the basis of its perceived need for deterrence notwithstanding Gasga-Amaya’s promise not to return to the United States. The district court did not commit procedural error. See United States v. Carty, 520 F.3d 984, 991-92 (9th Cir.2008) (en banc).

Gasga-Amaya also contends that the district court committed procedural error by failing to explain adequately its rationale for imposing an upward variance under 18 U.S.C. § 3553 (a) and by failing to follow the proper procedure for imposing such a variance. The record belies these contentions.

Lastly, Gasga-Amaya contends that the sentence above the advisory Sentencing Guidelines range is substantively unreasonable. The 60-month sentence was substantively reasonable in light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors,…