NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 14 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 18-50429 Plaintiff-Appellee, D.C. No. 3:18-cr-03160-LAB-1 v. MEMORANDUM* GUADALUPE BELTRAN-ARAIZA, Defendant-Appellant. Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted January 8, 2020** Before: CALLAHAN, NGUYEN, and HURWITZ, Circuit Judges. Guadalupe Beltran-Araiza appeals from the district court’s judgment and challenges the 48-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 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). Beltran-Araiza argues that his sentence is substantively unreasonable in light of his familial obligations, his employment history, the allegedly non-violent nature of his criminal history, and his expectation that he would receive a more substantial fast-track departure. The district court did not abuse its discretion. 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 Beltran-Araiza’s significant criminal and immigration history and his failure to be deterred by prior sentences for illegal reentry. See United States v. Rosales-Gonzales, 801 F.3d 1177, 1184 (9th Cir. 2015). Moreover, Beltran-Araiza has not shown that his sentence creates an unwarranted sentencing disparity with any similarly situated defendant. See United States v. Carter, 560 F.3d 1107, 1121 (9th Cir. 2009). AFFIRMED. 2 18-50429 18-50429 Court of Appeals for the Ninth Circuit ca9 9th Cir. United States v. Guadalupe Beltran-Araiza 14 January 2020 Criminal Unpublished acac06b2cbcd90c99fa62764ef8e1581e35fb412
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals