United States v. Lionel Alvarez , 548 F. App'x 431 ( 2013 )

FILED
NOT FOR PUBLICATION DEC 06 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-50173
Plaintiff - Appellee, D.C. No. 2:10-cr-00362-ODW
v.
MEMORANDUM*
LIONEL ALVAREZ, a.k.a. Frog, a.k.a.
Frogdog,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Otis D. Wright, II, District Judge, Presiding
Submitted November 19, 2013**
Before: CANBY, TROTT, and THOMAS, Circuit Judges.
Lionel Alvarez appeals from the district court’s judgment and challenges the
189-month sentence imposed following his guilty-plea conviction for conspiracy to
possess with intent to distribute and to distribute cocaine, in violation of 21 U.S.C.
*
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).
§ 846. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Alvarez contends that his sentence is substantively unreasonable in light of
his circumstances, including his learning disability and nonviolent history, and
because the sentence is greater than necessary to achieve the goals of sentencing.
The district court did not abuse its discretion in imposing Alvarez’s sentence. See
Gall v. United States, 552 U.S. 38, 51 (2007). The within-Guidelines sentence is
substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and
the totality of the circumstances, including Alvarez’s prior drug trafficking
conviction and the seriousness of the offense. See id.
AFFIRMED.
2 12-50173