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NOT FOR PUBLICATION OCT 1 2014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. 13-10556
Plaintiff - Appellee, D.C. No. 2:12-cr-00483-PMP
v.
MEMORANDUM*
ARELI VENCES-NAVARETTE, a.k.a.
Nestor Garcia-Lopez, a.k.a. Roberto
Lopez-Pena, a.k.a. Nestor Lopez-Pompa,
a.k.a. Rudy Martinez-Lopez, a.k.a. Raul
Vences-Nava, a.k.a. Nestor Vences-
Navarette,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Philip M. Pro, District Judge, Presiding
Submitted September 23, 2014**
Before: W. FLETCHER, RAWLINSON, and CHRISTEN, Circuit Judges.
Areli Vences-Navarette appeals from the district court’s judgment and
*
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).
challenges the 48-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.
Vences-Navarette contends that his above-Guidelines sentence is
substantively unreasonable because the 18 U.S.C. § 3553(a) sentencing factors
supported the imposition of a within-Guideline sentence. The district court did not
abuse its discretion in imposing Vences-Navarette’s sentence. See Gall v. United
States, 552 U.S. 38, 51 (2007). The sentence is substantively reasonable in light of
the section 3553(a) sentencing factors and the totality of the circumstances,
including Vences-Navarette’s extensive criminal and immigration history. See id.
AFFIRMED.
2 13-10556