NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 27 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-50094
Plaintiff - Appellee, D.C. No. 3:13-cr-03866-BEN
v.
MEMORANDUM*
LORENZO GRADO-MEZA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted January 21, 2015**
Before: CANBY, GOULD, and N.R. SMITH, Circuit Judges.
Lorenzo Grado-Meza appeals from the district court’s judgment and
challenges the 36-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).
Grado-Meza contends that the district court procedurally erred by
(1) “triple-counting” Grado-Meza’s prior convictions, (2) focusing exclusively on
deterrence and protection of the public, and (3) failing to explain adequately its
reasons for rejecting Grado-Meza’s mitigating arguments and imposing the
above-Guidelines sentence. These contentions fail. The court did not err by
varying upward based on Grado-Meza’s criminal history. See United States v.
Christensen, 732 F.3d 1094, 1100-01 (9th Cir. 2013) (court may vary upward based
on factors already incorporated into the Guidelines calculations). Moreover, the
record reflects that the court considered the 18 U.S.C. § 3553(a) factors and
sufficiently explained the reasons for imposing the sentence. See United States v.
Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc).
Grado-Meza also contends that his sentence is substantively unreasonable.
The district court did not abuse its discretion in imposing Grado-Meza's sentence.
See Gall v. United States, 552 U.S. 38, 51 (2007). The above-Guidelines sentence
is substantively reasonable in light of the section 3553(a) sentencing factors and the
totality of the circumstances, including Grado-Meza’s criminal and immigration
history. See Gall, 552 U.S. at 51; 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
2 14-50094
particular case is for the discretion of the district court.”).
AFFIRMED.
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