U.S. Court of Appeals for the Ninth Circuit, 2021

United States v. Francis Casildo

United States v. Francis Casildo
U.S. Court of Appeals for the Ninth Circuit · Decided January 29, 2021

United States v. Francis Casildo

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 29 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 19-30240 Plaintiff-Appellee, D.C. No. 4:18-cr-00175-BLW-2 v. MEMORANDUM* FRANCIS R. CASILDO, Defendant-Appellant.

Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, District Judge, Presiding Submitted January 20, 2021** Before: McKEOWN, CALLAHAN, and BRESS, Circuit Judges.

Francis R. Casildo appeals from the district court’s judgment and challenges the 235-month sentence imposed following his jury-trial conviction for possession with intent to distribute methamphetamine and conspiracy to distribute a controlled substance, in violation of 21 U.S.C §§ 841(a)(1), (b)(1)(B), (C) and 846. We have

* 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). jurisdiction under 28 U.S.C. § 1291, and we affirm.

Casildo contends that the district court abused its discretion by placing undue weight on the need for deterrence to the exclusion of the other 18 U.S.C. § 3553(a) sentencing factors. The district court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The below-Guidelines sentence is substantively reasonable in light of the § 3553(a) sentencing factors and the totality of the circumstances, including the need to protect the public and the seriousness of the offense. See Gall, 552 U.S. at 51; see also United States v. Gutierrez- Sanchez, 587 F.3d 904, 908 (9th Cir. 2009) (“The weight to be given the various factors in a particular case is for the discretion of the district court.”). Moreover, contrary to Casildo’s contention, the record reflects that the district court considered all of the § 3553(a) factors and thoroughly explained its decision to impose the 235-month sentence. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc) (“The district court need not tick off each of the § 3553(a) factors to show that it has considered them.”).

AFFIRMED.

2 19-30240

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