NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT DEC 13 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 13-10082
Plaintiff - Appellee, D.C. No. 4:12-cr-01096-CKJ-
LAB-1
v.
SIXTO GOMEZ-BAUTISTA, MEMORANDUM*
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted October 23, 2013**
Before: HUG, FARRIS, and LEAVY, Circuit Judges.
Sixto Gomez-Bautista appeals from the district court’s judgment and
challenges the 36-month sentence imposed following his guilty-plea conviction for
re-entry after deportation, 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 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).
Gomez-Bautista contends that his 36-month sentence, which is well below
the applicable Sentencing Guidelines range, is substantively unreasonable. We
review for abuse of discretion. See Gall v. United States, 552 U.S. 38, 51 (2007).
The district court did not abuse its discretion in imposing the 36-month sentence.
The sentence is not substantively unreasonable in light of the totality of the
circumstances and the 18 U.S.C. § 3553(a) factors, including not only the
appellant’s reasons for re-entering the country, but also the appellant’s criminal
history and the need for the sentence to provide deterrence. See id.; see also
United States v. Gutierrez-Sanchez, 587 F.3d 904, 908-09 (9th Cir. 2009) (holding
that district court did not place undue weight on need for deterrence where
defendant repeatedly entered the United States illegally); United States v. Higuera-
Llamos, 574 F.3d 1206, 1211-12 (9th Cir. 2009) (holding that increased sentence
was substantively reasonable given the defendant’s prior immigration offenses and
the failure of previous sentences to deter him from re-offending).
AFFIRMED.
2