NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 15 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 19-50193 Plaintiff-Appellee, D.C. No. 3:18-cr-05183-DMS-1 v. MEMORANDUM* PABLO ZAMORANO-MUNOZ, Defendant-Appellant. Appeal from the United States District Court for the Southern District of California Dana M. Sabraw, District Judge, Presiding Submitted April 7, 2020** Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges. Pablo Zamorano-Munoz appeals from the district court’s judgment and challenges his 24-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). Zamorano-Munoz contends that his above-Guidelines sentence is substantively unreasonable because (1) his prior convictions were already taken into consideration in the calculation of his Guidelines range, and (2) the upward variance created rather than avoided a sentencing disparity. The district court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). Contrary to Zamorano-Munoz’s contentions, the above-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) factors and the totality of the circumstances, including Zamorano-Munoz’s criminal and immigration history and the need to provide adequate deterrence. See Gall, 552 U.S. at 51. AFFIRMED. 2 19-50193 19-50193 Court of Appeals for the Ninth Circuit ca9 9th Cir. United States v. Pablo Zamorano-Munoz 15 April 2020 Criminal Unpublished 9915dd1da5bd2c4c876775bbbe6e68984e8dad48
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