U.S. Court of Appeals for the Ninth Circuit, 2013

United States v. Ismael Robles-Perez

United States v. Ismael Robles-Perez
U.S. Court of Appeals for the Ninth Circuit · Decided September 10, 2013 · Hug, Canby, Leavy
540 F. App'x 578

United States v. Ismael Robles-Perez

Opinion

MEMORANDUM **

Ismael Robles-Perez appeals from the district court’s judgment and challenges the 48-month sentence imposed following his guilty-plea conviction for illegal reentry, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Robles-Perez contends that his sentence is substantively unreasonable in light of his psychological condition. The district court did not abuse its discretion in imposing Robles-Perez’s sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The 48-month sentence, well below the uncontested Guidelines range of 77 to 96 months, is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Robles-Lopez’s extensive criminal history and five prior deportations. See id.

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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