FILED
NOT FOR PUBLICATION DEC 12 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-50641
Plaintiff - Appellee, D.C. No. 2:12-cr-00988-DSF
v.
MEMORANDUM*
SERGIO RODRIGUEZ, a.k.a. Sergio
Iniguez Rodriguez,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Dale S. Fischer, District Judge, Presiding
Submitted December 9, 2014**
Before: WALLACE, LEAVY, and BYBEE, Circuit Judges.
Sergio Rodriguez appeals from the district court’s judgment and challenges
the 41-month sentence imposed following his guilty-plea conviction for being an
illegal alien found in the United States after deportation, in violation of 8 U.S.C.
*
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).
§ 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Rodriguez contends that the 41-month sentence is substantively
unreasonable. The district court did not abuse its discretion in imposing
Rodriguez’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The
sentence at the top of the advisory Guidelines range is substantively reasonable in
light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the
circumstances, including Rodriguez’s extensive 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 13-50641