NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JAN 24 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, Nos. 13-10062
13-10296
Plaintiff - Appellee,
D.C. Nos. 2:10-cr-00278-HDM
v. 2:12-cr-00412-LDG
LUIS JIMENEZ-CALVO, a.k.a. Roberto
Moreno-Garcia, a.k.a. Gustavo Moreno- MEMORANDUM*
Martinez, a.k.a. Israel Moreno-Torres,
Defendant - Appellant.
Appeals from the United States District Court
for the District of Nevada
Howard D. McKibben, District Judge, Presiding
Lloyd D. George, District Judge, Presiding
Submitted January 21, 2014**
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
In these consolidated appeals, Luis Jimenez-Calvo appeals from the 30-
month sentence imposed following his guilty-plea conviction for being a deported
*
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).
alien found unlawfully in the United States, in violation of 8 U.S.C. § 1326; and
the consecutive 18-month sentence imposed upon revocation of supervised release.
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Jimenez-Calvo contends that the aggregate sentence is substantively
unreasonable because the district court failed to take proper account of his
individual circumstances. He further argues that the sentences should not have
been ordered to run consecutively because they are predicated on the same
conduct. We disagree. The Guidelines contemplate that revocation sentences are
to run consecutively to sentences for new offenses, see U.S.S.G. § 7B1.3(f), and
the sentences are substantively reasonable in light of the totality of the
circumstances and the sentencing factors set forth in 18 U.S.C. §§ 3553(a) and
3583(e), including Jimenez-Calvo’s multiple prior deportations, his failure to be
deterred, and the need for protection of the public. See Gall v. United States, 552
U.S. 38, 51 (2007); United States v. Simtob, 485 F.3d 1058, 1063 (9th Cir. 2007)
(when a defendant violates supervised release by committing same offense for
which he was placed on supervised release, the breach of trust is more significant
and “greater sanctions may be required to deter future criminal activity”).
AFFIRMED.
13-10062 & 13-10296
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