FILED
NOT FOR PUBLICATION OCT 24 2013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. 12-10661
Plaintiff - Appellee, D.C. No. 2:12-cr-01680-SRB
v.
MEMORANDUM *
EFREN MEDRANO-MACIAS, a.k.a.
Jorge Pedro Amador, a.k.a. Daniel
Sanchez-Carcamo, a.k.a. Andre C.
Thibodeaux, a.k.a. Jorge Valladares, a.k.a.
Jorge Velasquez,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Susan R. Bolton, District Judge, Presiding
Submitted October 15, 2013 **
Before: FISHER, GOULD, and BYBEE, Circuit Judges.
Efren Medrano-Macias appeals from the district court’s judgment and
challenges the 15-month sentence imposed following his guilty-plea conviction for
*
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).
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.
Medrano-Macias contends that the district court improperly aggregated two
prior sentences when determining a baseline for the length of his current sentence.
The record reflects that although the sentences arose from separate proceedings,
they related to the same conduct and were imposed in close temporal proximity to
each other. The district court did not err by concluding that a sentence greater than
the combination of these two prior sentences was necessary to provide adequate
deterrence.
Medrano-Macias also contends that the district court placed undue weight on
the Guidelines and imposed a substantively unreasonable sentence. The district
court did not abuse its discretion in imposing Medrano-Macias’s sentence. See
Gall v. United States, 552 U.S. 38, 51 (2007). The low-end Guidelines sentence is
substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and
the totality of the circumstances, including Medrano-Macias’s repeated unlawful
entries, lengthy criminal history, and willingness to reoffend despite his six prior
removals and two prior custodial sentences for immigration offenses. See id.; see
also United States v. Gutierrez-Sanchez, 587 F.3d 904, 908 (9th Cir. 2009) (“The
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weight to be given the various factors in a particular case is for the discretion of the
district court.”).
AFFIRMED.
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