United States v. Hector Beyris

Court of Appeals for the Ninth Circuit · 12-50583 · 2013-10-25 · Unpublished

UNITED STATES of America, Plaintiff-Appellee, v. Hector Alberto BEYRIS, Defendant-Appellant

Area: other
Panel: Raymond C. Fisher (author), Gould, Jay S. Bybee

Analysis

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Opinion

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT OCT 25 2013

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS UNITED STATES OF AMERICA, No. 12-50583 Plaintiff - Appellee, D.C. No. 3:12-cr-03247-BEN v. MEMORANDUM* HECTOR ALBERTO BEYRIS, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Roger T. Benitez, District Judge, Presiding Submitted October 15, 2013** Before: FISHER, GOULD, and BYBEE, Circuit Judges.

Hector Alberto Beyris appeals from the district court’s judgment and challenges the 21-month sentence imposed following his guilty-plea conviction for attempted 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.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Beyris contends that his sentence is substantively unreasonable because the circumstances of his case do not justify a 32% variance above the advisory Guidelines range. The district court did not abuse its discretion in imposing Beyris’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Beyris’s willingness to reoffend despite his eight prior removals and two prior sentences for felony immigration offenses. See id.

AFFIRMED.

2 12-50583