United States v. Luis Torres-Marquez ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 13 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 19-50234
Plaintiff-Appellee, D.C. No. 3:19-cr-00877-BAS-1
v.
MEMORANDUM*
LUIS TORRES-MARQUEZ,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
Cynthia A. Bashant, District Judge, Presiding
Submitted May 6, 2020**
Before: BERZON, N.R. SMITH, and MILLER, Circuit Judges.
Luis Torres-Marquez appeals from the district court’s judgment and
challenges the 77-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).
Torres-Marquez contends that the sentence is substantively unreasonable
because the court did not give adequate weight to his argument that his offense
behavior was motivated by economic desperation, and gave too much weight to his
dated criminal history. The district court did not abuse its discretion. 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 the length of the sentences Torres-
Marquez received for his prior illegal reentry offenses, his non-immigration
criminal history, and his 24 deportations prior to the commission of the instant
offense. 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 19-50234