FILED
NOT FOR PUBLICATION JUN 27 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-10339
Plaintiff - Appellee, D.C. No. 2:11-cr-00307-KJD
v.
MEMORANDUM*
ERLYN EDWARD BISHOP,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Kent J. Dawson, District Judge, Presiding
Submitted June 25, 2014**
Before: HAWKINS, TALLMAN, and NGUYEN, Circuit Judges.
Erlyn Edward Bishop appeals from the district court’s judgment and
challenges the 77-month sentence imposed following his guilty-plea conviction for
being a deported alien found unlawfully in the United States, in violation of 8
U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
*
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).
Bishop contends that the district court should have departed or varied
downward from the advisory Guidelines range on the basis of his cultural
assimilation and because the 16-level enhancement under U.S.S.G.
§ 2L1.2(b)(1)(A) overstated the seriousness of his criminal history. Our review of
this claim is limited to determining whether the court imposed a substantively
reasonable sentence. See United States v. Vasquez-Cruz, 692 F.3d 1001, 1005 (9th
Cir. 2012), cert. denied, 134 S. Ct. 76 (2013). The district court did not abuse its
discretion in imposing Bishop’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 Bishop’s extensive criminal and immigration history.
See U.S.S.G. § 2L1.2 cmt. n.8; Gall, 552 U.S. at 51.
AFFIRMED.
2 13-10339