FILED
NOT FOR PUBLICATION APR 16 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-10398
Plaintiff - Appellee, D.C. No. 2:13-cr-00492-DGC
v.
MEMORANDUM*
EFRAIN TREVIZO-CORONA,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Ronald S. W. Lew, District Judge, Presiding**
Submitted April 7, 2014***
Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.
Efrain Trevizo-Corona appeals from the district court’s judgment and
challenges the 87-month sentence imposed following his guilty-plea conviction for
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable Ronald S. W. Lew, Senior United States District Judge
for the Central District of California, sitting by designation.
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
reentry of a removed alien, in violation of 8 U.S.C § 1326. We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
Trevizo-Corona contends that his sentence is substantively unreasonable
under United States v. Amezcua-Vasquez, 567 F.3d 1050 (9th Cir. 2009), given the
staleness of his prior convictions, his age, and the remoteness of his violent acts.
He also argues that the district court should not have imposed a sentence 23
months longer than the 64-month sentence he previously served for a reentry
offense.
The district court did not abuse its discretion in imposing Trevizo-Corona’s
sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The 87-month
sentence, at the top 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 Trevizo-Corona’s immigration history and his significant criminal
history. See id.
AFFIRMED.
2 13-10398