United States v. Felipe Chavoya , 598 F. App'x 560 ( 2015 )


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  •                                                                             FILED
    NOT FOR PUBLICATION                             MAR 18 2015
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                       U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    UNITED STATES OF AMERICA,                        No. 14-50196
    Plaintiff - Appellee,             D.C. No. 3:13-cr-04537-BEN
    v.
    MEMORANDUM*
    FELIPE DE JESUS CHAVOYA,
    Defendant - Appellant.
    Appeal from the United States District Court
    for the Southern District of California
    Roger T. Benitez, District Judge, Presiding
    Submitted March 10, 2015**
    Before:        FARRIS, WARDLAW, and PAEZ, Circuit Judges.
    Felipe de Jesus Chavoya appeals from the district court’s judgment and
    challenges the 42-month sentence imposed following his guilty-plea conviction for
    importation of methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. 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).
    Chavoya contends that his sentence is substantively unreasonable in light of
    his history and circumstances. The district court did not abuse its discretion in
    imposing Chavoya’s sentence. See Gall v. United States, 
    552 U.S. 38
    , 51 (2007).
    The above-Guidelines sentence is substantively reasonable in light of the totality of
    the circumstances and the 18 U.S.C. § 3553(a) sentencing factors. 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.”).
    AFFIRMED.
    2                                    14-50196
    

Document Info

Docket Number: 14-50196

Citation Numbers: 598 F. App'x 560

Filed Date: 3/18/2015

Precedential Status: Non-Precedential

Modified Date: 1/13/2023