United States v. Martin Morales-Gumecindo
Opinion
MEMORANDUM **
Martin Celestino Morales-Gumecindo appeals from the district court’s judgment *691 and challenges the 41-month sentence imposed following his guilty-plea conviction for reentry of a removed alien, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Morales-Gumecindo contends that the district court procedurally erred by failing to consider the proposed amendments to U.S.S.G. § 2L1.2 at sentencing. This claim fails. See United States v. Ruiz-Apolonio, 657 F.3d 907, 917 (9th Cir. 2011) ( [<£W]here an amendment has been promulgated but has not yet been adopted, district courts are not required to consider that amendment in the § 3553 analysis ...”).
Morales-Gumecindo next argues that his sentence is substantively unreasonable. He contends that the 16-level enhancement he received for his prior offense resulted in a Guidelines range that was unreasonable. The court did not abuse its discretion in sentencing Morales-Gumecin-do. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The within-Guidelines sentence is substantively reasonable in light of the section 3553(a) sentencing factors and the totality of the circumstances, including Morales-Gumecindo’s criminal history. See Gall, 552 U.S. at 51, 128 S.Ct. 586.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Martin Celestino MORALES-GUMECINDO, A.K.A. Martin Celestino-Gomesindo, A.K.A. Martin Celestino Gomesindo Morales, A.K.A. Martin Morales-Gumecindo, Defendant-Appellant
- Status
- Unpublished