U.S. Court of Appeals for the Ninth Circuit, 2014

United States v. Juan Juarez-Lozano

United States v. Juan Juarez-Lozano
U.S. Court of Appeals for the Ninth Circuit · Decided January 3, 2014 · Goodwin, Wallace, Graber
551 F. App'x 396

United States v. Juan Juarez-Lozano

Opinion

MEMORANDUM **

Juan Juarez-Lozano appeals from the district court’s judgment and challenges the 57-month sentence imposed following his guilty-plea conviction for reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Juarez-Lozano contends that his sentence is substantively unreasonable in light of the five-month sentence he received for a prior immigration offense, his motivations for returning, the cost to the taxpayers of incarcerating him, and the impact the sentence will have on his family. The district court did not abuse its discretion in imposing Juarez-Lozano’s sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). Notwithstanding the length of Juarez-Loza-no’s previous sentence, his current sentence at the bottom of the Guidelines range is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Juarez-Lozano’s criminal and immigration history. 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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