United States v. Luis Jimenez-Calvo

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT JAN 24 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS UNITED STATES OF AMERICA, Nos.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 2