NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 19 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 18-50133

Plaintiff-Appellee, D.C. No. 3:17-cr-04139-LAB v. JESUS MARTINEZ-PEREZ, a.k.a. Jesus MEMORANDUM* Perez-Martinez,

Defendant-Appellant.

Appeal from the United States District Court

for the Southern District of California

Larry A. Burns, District Judge, Presiding

Submitted December 17, 2018** Before: WALLACE, SILVERMAN, and McKEOWN, Circuit Judges.

Jesus Martinez-Perez appeals from the district court’s judgment and challenges the 30-month sentence imposed following his guilty-plea conviction for being a removed alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Martinez-Perez argues that his criminal record and immigration history were not aggravated enough to justify an upward variance from the Guidelines range. The district court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The above-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Martinez-Perez’s numerous removals and deportations from the United States, his failure to be deterred by prior sentences for illegal reentry, and his continued commission of offenses that could endanger the public. See Gall, 552 U.S. at 51.

AFFIRMED.

2 18-50133