NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 14 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 19-10280 Plaintiff-Appellee, D.C. No. 3:18-cr-08359-JJT-1 v. MEMORANDUM* EFRAIN RIVERA-IBARRA, AKA Efrain Rivera, Defendant-Appellant. Appeal from the United States District Court for the District of Arizona John J. Tuchi, District Judge, Presiding Submitted April 7, 2020** Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges. Efrain Rivera-Ibarra appeals from the district court’s judgment and challenges the 60-month sentence imposed following his guilty-plea conviction for 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 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). Rivera-Ibarra contends that the 60-month sentence is substantively unreasonable. He argues that the district court overemphasized his criminal history, disregarded the need to avoid sentencing disparities, and was unduly influenced by a Guidelines range that, in light of the 2016 amendments to U.S.S.G. § 2L1.2, was “inappropriately distorted” for a defendant like Rivera-Ibarra who did not have “serious” prior offenses. The district court recognized that a within- Guidelines sentence was not warranted in this case and granted a significant downward variance of 32 months from the low end of the Guidelines range. This was not an abuse of discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). District courts have discretion as to how to weigh the 18 U.S.C. § 3553(a) sentencing factors, see United States v. Gutierrez-Sanchez, 587 F.3d 904, 908 (9th Cir. 2009), and the below-Guidelines sentence is substantively reasonable in light of those factors and the totality of circumstances, including Rivera-Ibarra’s criminal history and prior immigration conviction. See Gall, 552 U.S. at 51. AFFIRMED. 2 19-10280 19-10280 Court of Appeals for the Ninth Circuit ca9 9th Cir. United States v. Efrain Rivera-Ibarra 14 April 2020 Criminal Unpublished 3cf1f525e31661a7d0100b729454c3a3c8789378
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