United States v. Gonzalo Serrano-Villalobos

FILED
NOT FOR PUBLICATION DEC 18 2013

MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 12-10653

Plaintiff - Appellee, D.C. No. 2:10-cr-00055-KJM

v.
MEMORANDUM*
GONZALO SERRANO-VILLALOBOS,

Defendant - Appellant.

Appeal from the United States District Court
for the Eastern District of California
Kimberly J. Mueller, District Judge, Presiding

Submitted December 17, 2013**

Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.

Gonzalo Serrano-Villalobos appeals from the district court’s judgment and

challenges the 180-month sentence imposed following his guilty-plea conviction

for multiple drug offenses in violation of 21 U.S.C. §§ 841(a) and 846. 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).
 Serrano-Villalobos contends that his sentence is substantively unreasonable

because the district court failed to grant a departure on the ground that his criminal

history category was overstated. The district court did not abuse its discretion in

imposing Serrano-Villalobos’s sentence. See Gall v. United States, 552 U.S. 38,

51 (2007). The below-Guidelines sentence is substantively reasonable in light of

the 18 U.S.C. § 3553(a) sentencing factors and the totality of circumstances,

including the offense conduct. See id.

AFFIRMED.

2 12-10653