United States v. Jesus Martinez-Perez ( 2018 )

NOT FOR PUBLICATION FILED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