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NOT FOR PUBLICATION JAN 03 2014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. 12-10608
Plaintiff - Appellee, D.C. No. 2:11-cr-02456-NVW
v.
MEMORANDUM*
GILBERTO FERNANDEZ-AISPURO,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Neil V. Wake, District Judge, Presiding
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Gilberto Fernandez-Aispuro appeals from the district court’s judgment and
challenges the 51-month sentence imposed following his guilty-plea conviction for
conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C.
§ 846; and possession with intent to distribute marijuana and aiding and abetting,
*
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).
in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B)(vii) and 18 U.S.C. § 2. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Fernandez-Aispuro contends that his sentence is substantively unreasonable
because the district court placed too much emphasis on the advisory Sentencing
Guidelines, this was his first felony conviction, and his immigration status
rendered him ineligible for the Bureau of Prisons’ drug treatment program. The
district court did not abuse its discretion in imposing Fernandez-Aispuro’s
sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The 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 the
seriousness of the offense, the need to protect the public, and the need to provide
adequate deterrence. See id.
AFFIRMED.
2 12-10608