FILED
NOT FOR PUBLICATION DEC 1 2014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. 14-50098
Plaintiff - Appellee, D.C. No. 3:13-cr-03222-BEN
v.
MEMORANDUM*
OCTAVIO MORALES-SANCHEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted November 18, 2014**
Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges.
Octavio Morales-Sanchez appeals from the district court’s judgment and
challenges the 24-month sentence imposed following his guilty-plea conviction for
being a removed alien found in the United States, 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).
Morales-Sanchez contends that the district court procedurally erred by
failing properly to consider the 18 U.S.C. § 3553(a) sentencing factors and failing
adequately to explain its imposition of the statutory maximum sentence. We
review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103,
1108 (9th Cir. 2010), and find none. The record reflects that the district court
considered the relevant sentencing factors, and that the court sufficiently explained
the basis for its sentence.
Morales-Sanchez also contends that his statutory maximum sentence is
substantively unreasonable based on the specific facts of his case, including that he
returned to the United States to reunite with his family. The district court did not
abuse its discretion in imposing Morales-Sanchez’s sentence. See Gall v. United
States, 552 U.S. 38, 51 (2007). The 24-month sentence is substantively reasonable
in light of the section 3553(a) factors and the totality of the circumstances,
including Morales-Sanchez’s criminal and immigration history. 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 14-50098