FILED
NOT FOR PUBLICATION AUG 18 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-30293
Plaintiff - Appellee, D.C. No. 3:13-cr-00149-SI
v.
MEMORANDUM*
MELQUIADES SIMON-HERNANDEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Oregon
Michael H. Simon, District Judge, Presiding
Submitted August 13, 2014**
Before: SCHROEDER, THOMAS, and HURWITZ, Circuit Judges.
Melquiades Simon-Hernandez appeals from the district court’s judgment
and challenges the 30-month sentence imposed following his guilty-plea
conviction for illegal reentry, 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).
Simon-Hernandez contends that his sentence is substantively unreasonable.
He argues that a 30-month sentence is unnecessary because he has already begun
to rehabilitate and he has solid post-incarceration plans. In addition, he argues that
the district court placed too much weight on his prior convictions and not enough
on his current character. The district court did not abuse its discretion in imposing
Simon-Hernandez’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007).
The 30-month sentence, at the high end 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 Simon-Hernandez’s prior illegal reentry offense and
history of driving under the influence. See id.; see also United States v. Gutierrez-
Sanchez, 587 F.3d 904, 908 (9th Cir. 2009) (“The weight to be given the various
factors in a particular case is for the discretion of the district court.”).
AFFIRMED.
2 13-30293