United States v. Jorge MacIas-valdez , 624 F. App'x 580 ( 2015 )

FILED
NOT FOR PUBLICATION DEC 15 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-50527
Plaintiff - Appellee, D.C. No. 3:12-cr-05313-GPC
v.
MEMORANDUM*
JORGE MACIAS-VALDEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Gonzalo P. Curiel, District Judge, Presiding
Submitted December 9, 2015**
Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.
Jorge Macias-Valdez appeals from the district court’s judgment and
challenges the 66-month sentence imposed following his guilty-plea conviction for
attempted reentry of a removed alien, 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 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).
Macias-Valdez contends that his sentence is substantively unreasonable in
light of his mental and physical health problems, and his alleged cultural
assimilation. The district court did not abuse its discretion in imposing Macias-
Valdez’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The
sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing
factors and the totality of the circumstances, including Macias-Valdez’s significant
criminal and immigration histories. 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 14-50527