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NOT FOR PUBLICATION OCT 1 2014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. 13-50541
Plaintiff - Appellee, D.C. No. 3:13-cr-01654-JM
v.
MEMORANDUM*
JAVIER MORENO-MENDOZA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Jeffrey T. Miller, District Judge, Presiding
Submitted September 23, 2014**
Before: W. FLETCHER, RAWLINSON, and CHRISTEN, Circuit Judges.
Javier Moreno-Mendoza appeals from the district court’s judgment and
challenges the 24-month sentence imposed following his guilty-plea conviction for
attempted 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.
*
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).
Moreno-Mendoza 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). The district court did not
abuse its discretion in imposing Moreno-Mendoza’s sentence. See Gall v. United
States, 552 U.S. 38, 51 (2007). The sentence at the low 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 Moreno-Mendoza’s
extensive immigration history. See id.
AFFIRMED.
2 13-50541