United States v. Benito Loaiza-Parra ( 2015 )

FILED
NOT FOR PUBLICATION SEP 25 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, Nos. 14-10492
14-10544
Plaintiff - Appellee,
D.C. Nos. 2:13-cr-456-MMD
v. 2:13-cr-401-GMN
BENITO LOAIZA-PARRA, a.k.a. Jose
Martinez-Gutierrez, MEMORANDUM*
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Miranda M. Du, District Judge, Presiding
Gloria M. Navarro, Chief Judge, Presiding
Submitted September 21, 2015**
Before: REINHARDT, LEAVY, and BERZON, Circuit Judges.
In these consolidated appeals, Benito Loaiza-Parra appeals the 30-month
sentence imposed following his guilty-plea conviction for being a deported alien
found unlawfully in the United States, in violation of 8 U.S.C. § 1326, and the 24-
*
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).
month sentence imposed upon revocation of supervised release. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Loaiza-Parra argues that the sentences are substantively unreasonable in
light of his difficult history and circumstances, and other mitigating factors. The
district court did not abuse its discretion in imposing Loaiza-Parra’s sentences. See
Gall v. United States, 552 U.S. 38, 51 (2007). The within-Guidelines sentences are
substantively reasonable in light of the applicable 18 U.S.C. § 3553(a) sentencing
factors and the totality of the circumstances, including Loaiza-Parra’s extensive
criminal and immigration history. 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 14-10492 & 14-10544