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NOT FOR PUBLICATION AUG 18 2014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. 13-10638
Plaintiff - Appellee, D.C. No. 2:11-cr-00087-KJM
v.
MEMORANDUM*
JUAN GUSTAVO ROMERO-
CERVANTES,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of California
Kimberly J. Mueller, District Judge, Presiding
Submitted August 13, 2014**
Before: SCHROEDER, THOMAS, and HURWITZ, Circuit Judges.
Juan Gustavo Romero-Cervantes appeals from the district court’s judgment
and challenges the 63-month sentence imposed following his guilty-plea
conviction for being a deported alien found in the United States, in violation of 8
*
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).
U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Romero-Cervantes contends that the district court abused its discretion by
failing to depart or vary downward from the advisory Guidelines range on the basis
of his cultural assimilation. 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, 1008 (9th Cir. 2012), cert. denied, 134 S. Ct. 76
(2013). The district court did not abuse its discretion in imposing Romero-
Cervantes’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The
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 Romero-Cervantes’s extensive criminal history and five prior
deportations. See U.S.S.G. § 2L1.2 cmt. n.8; Gall, 552 U.S. at 51.
AFFIRMED.
2 13-10638