FILED
NOT FOR PUBLICATION OCT 1 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-50481
Plaintiff - Appellee, D.C. No. 3:13-cr-01288-LAB
v.
MEMORANDUM*
JOSE RAUL AYALA-MEDINA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted September 23, 2014**
Before: W. FLETCHER, RAWLINSON, and CHRISTEN, Circuit Judges.
Jose Raul Ayala-Medina appeals from the district court’s judgment and
challenges the 60-month sentence imposed following his guilty-plea conviction for
importation of methamphetamine and heroin, in violation of 21 U.S.C. §§ 952 and
960. 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).
Ayala-Medina contends that his above-Guidelines sentence is greater than
necessary under 18 U.S.C. § 3553(a) in light of his individual circumstances,
including his age, lack of criminal history, and motivation for committing the
offense. The district court did not abuse its discretion in imposing Ayala-Medina’s
sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The sentence, three-
months above the high end of the Guidelines range, is substantively reasonable in
light of the section 3553(a) sentencing factors and the totality of the circumstances.
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 13-50481