FILED
NOT FOR PUBLICATION OCT 02 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-50424
Plaintiff - Appellee, D.C. No. 3:11-cr-05680-W
v.
MEMORANDUM *
HECTOR CASIMIRO,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Thomas J. Whelan, District Judge, Presiding
Submitted September 24, 2013 **
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Hector Casimiro appeals from the district court’s judgment and challenges
the 70-month sentence imposed following his guilty-plea conviction for
importation of methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. 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).
Casimiro contends that the district court procedurally erred and violated his
right to due process by relying on his refusal to waive his appellate rights as a
factor in sentencing. The record does not support this contention. The court
explained why Casimiro did not qualify for a fast-track departure, and it did not
rely on the lack of an appeal waiver in imposing sentence.
Casimiro further contends that his sentence is substantively unreasonable
because the district court should have varied downward to the fast-track Guideline
range. The court did not abuse its discretion in imposing Casimiro’s sentence. See
Gall v. United States, 552 U.S. 38, 51 (2007); United States v. Gonzalez-Zotelo,
556 F.3d 736, 740 (9th Cir. 2009) (“[F]ast-track disparities are not ‘unwarranted’
so as to permit their consideration under [18 U.S.C.] § 3553(a)(6).”). The 70-
month sentence at the bottom of the Guidelines range is substantively reasonable in
light of the section 3553(a) sentencing factors and the totality of the circumstances,
including the nature and circumstances of the offense. See Gall, 552 U.S. at 51.
AFFIRMED.
2 12-50424