FILED
NOT FOR PUBLICATION JAN 29 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, Nos. 14-10289
14-10290
Plaintiff - Appellee,
D.C. Nos. 2:13-cr-00245-GMN
v. 2:13-cr-00329-GMN
SALVADOR LUBIAN CASTILLO-
GARCIA, a.k.a. Francisco Javier- MEMORANDUM*
Salguero, a.k.a. Montgomery Salvador
Mayorga Castillo,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Gloria M. Navarro, Chief Judge, Presiding
Submitted January 21, 2015**
Before: CANBY, GOULD, and N.R. SMITH, Circuit Judges.
In these consolidated appeals, Salvador Lubian Castillo-Garcia appeals the
15-month sentence imposed following his guilty-plea conviction for being a
*
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).
deported alien found unlawfully in the United States, in violation of 8 U.S.C.
§ 1326, and the eight-month sentence imposed upon revocation of supervised
release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Castillo-Garcia contends that by running his sentences consecutively, the
district court imposed a substantively unreasonable sentence. The district court did
not abuse its discretion in imposing Castillo-Garcia’s sentence. See Gall v. United
States, 552 U.S. 38, 51 (2007). The aggregate sentence is substantively reasonable
in light of the 18 U.S.C. §§ 3553(a) and 3583(e) sentencing factors and the totality
of the circumstances, including Castillo-Garcia’s prior removals and conviction for
the same offense, the fact that Castillo-Garcia was on supervised release on a prior
illegal reentry conviction at the time he was convicted of the instant offense, and
the need to deter future criminal conduct. See Gall, 552 U.S. at 51; see also
U.S.S.G. § 7B1.3(f) (term of imprisonment imposed upon the revocation of
supervised release shall be ordered to run consecutively to any other sentence the
defendant is serving).
AFFIRMED.
14-10289 & 14-10290