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United States v. Jorge MacIas-valdez

Court of Appeals for the Ninth Circuit · 14-50527 · 2015-12-15 · Unpublished

UNITED STATES of America, Plaintiff-Appellee, v. Jorge MACIAS-VALDEZ, Defendant-Appellant

Proceeding
appeal
Trial court
United States District Court for the Southern District of California
Trial judge
Gonzalo P. Curiel (district judge)
Outcome
affirmed — AFFIRMED.
Area
criminal
Panel
William T. Wallace (author), Sandra S. Ikuta, Johnnie B. Rawlinson

Analysis

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Opinion

FILED NOT FOR PUBLICATION DEC 15 2015

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 14-50527 Plaintiff - Appellee, D.C. No. 3:12-cr-05313-GPC v. MEMORANDUM* JORGE MACIAS-VALDEZ, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Gonzalo P. Curiel, District Judge, Presiding Submitted December 9, 2015** Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.

Jorge Macias-Valdez appeals from the district court’s judgment and challenges the 66-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). Macias-Valdez contends that his sentence is substantively unreasonable in light of his mental and physical health problems, and his alleged cultural assimilation. The district court did not abuse its discretion in imposing Macias- Valdez’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 Macias-Valdez’s significant criminal and immigration histories. See Gall, 552 U.S. at 51; 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.”).

AFFIRMED.

2 14-50527

Cites, in this corpus