FILED
NOT FOR PUBLICATION OCT 20 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-10025
Plaintiff - Appellee, D.C. No. 4:11-cr-01952-JGZ
v.
MEMORANDUM*
JESUS ANTONIO VIRREY-CAMEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Jennifer G. Zipps, District Judge, Presiding
Submitted October 14, 2014**
Before: LEAVY, GOULD, and BERZON, Circuit Judges.
Jesus Antonio Virrey-Camez appeals from the 48-month sentence imposed
on resentencing following his guilty-plea conviction for possession with intent to
distribute methamphetamine, in violation of 21 U.S.C. § 841(b)(1)(A). 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).
Virrey-Camez contends that the district court imposed a substantively
unreasonable sentence because it gave too much weight to the facts underlying the
dismissed importation count. The district court did not abuse its discretion in
imposing Virrey-Camez’s sentence. See Gall v. United States, 552 U.S. 38, 51
(2007). A court may consider dismissed counts at sentencing. See U.S.S.G.
§ 1B1.4; United States v. Barragan-Espinoza, 350 F.3d 978, 983 (9th Cir. 2003).
In light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing
factors, the below-Guidelines sentence is substantively reasonable. See Gall, 552
U.S. at 51.
AFFIRMED.
2 14-10025