FILED
NOT FOR PUBLICATION JAN 03 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-10154
Plaintiff - Appellee, D.C. No. 4:12-cr-01365-DCB
v.
MEMORANDUM*
JUAN JUAREZ-LOZANO, a.k.a. Juan
Juarez-Losano,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Juan Juarez-Lozano appeals from the district court’s judgment and
challenges the 57-month sentence imposed following his guilty-plea conviction for
reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction
*
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).
under 28 U.S.C. § 1291, and we affirm.
Juarez-Lozano contends that his sentence is substantively unreasonable in
light of the five-month sentence he received for a prior immigration offense, his
motivations for returning, the cost to the taxpayers of incarcerating him, and the
impact the sentence will have on his family. The district court did not abuse its
discretion in imposing Juarez-Lozano’s sentence. See Gall v. United States, 552
U.S. 38, 51 (2007). Notwithstanding the length of Juarez-Lozano’s previous
sentence, his current sentence at the bottom of the Guidelines range is
substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and
the totality of the circumstances, including Juarez-Lozano’s criminal and
immigration history. See id.
AFFIRMED.
2 13-10154