United States v. Jose Gonzalez-Guzman

U.S. Court of Appeals for the Ninth Circuit
United States v. Jose Gonzalez-Guzman, 451 F. App'x 688 (9th Cir. 2011)

United States v. Jose Gonzalez-Guzman

Opinion

MEMORANDUM **

Jose Gonzalez-Guzman appeals from the 46-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. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Gonzalez-Guzman contends that his sentence is substantively unreasonable because his prior conviction was stale and because the district court did not adjust his sentence downward for cultural assimilation or based on his particular history and characteristics. In light of the 18 U.S.C. § 3553(a) sentencing factors and considering the totality of the circumstances, including the district court’s concern about the seriousness of Gonzalez-Guzman’s criminal history, the within-Guidelines sentence is not substantively unreasonable. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); United States v. Valencia-Barragan, 608 F.3d 1103, 1108-09 (9th Cir. 2010).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff—Appellee, v. Jose GONZALEZ-GUZMAN, A.K.A. Joe Gonzalez-Guzman, Defendant—Appellant
Status
Unpublished