U.S. Court of Appeals for the Ninth Circuit, 2012

United States v. Julian Valdez-Aragon

United States v. Julian Valdez-Aragon
U.S. Court of Appeals for the Ninth Circuit · Decided July 27, 2012 · Schroeder, Thomas, Silverman
475 F. App'x 184

United States v. Julian Valdez-Aragon

Opinion

MEMORANDUM **

Julian Valdez-Aragon appeals from the 108-month sentence imposed following his guilty-plea conviction for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(l)(A)(viii). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Valdez-Aragon contends that the district court failed to appreciate its discretion to vary downward from the Guidelines range based on the 18 U.S.C. § 8558(a) sentencing factors. This contention is unpersuasive. See United States v. Carty, 520 F.3d 984, 996 (9th Cir. 2008) (en banc) (rejecting claim of error where the district judge “gave no indication that he felt bound by the Guidelines range or bound to treat the Guidelines sentence as presumptively reasonable”).

Valdez-Aragon also contends that his sentence is substantively unreasonable. In light of the totality of the circumstances and the section 3553(a) sentencing factors, the sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

AFFIRMED.

**

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

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