United States v. Cristobal Calo-Dubon

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 18 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 14-10211 Plaintiff - Appellee, D.C. No. 2:13-cr-00378-GMN v. MEMORANDUM* CRISTOBAL CALO-DUBON, Defendant - Appellant. Appeal from the United States District Court for the District of Nevada Gloria M. Navarro, Chief Judge, Presiding Submitted March 10, 2015** Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges. Cristobal Calo-Dubon appeals from the district court’s judgment and challenges the 46-month sentence imposed following his guilty-plea conviction for being a deported alien found unlawfully 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). Calo-Dubon challenges the district court’s sentence as substantively unreasonable, arguing that the district court failed to give sufficient weight to his personal history and characteristics when deciding whether to vary downward. The district court did not abuse its discretion in imposing Calo-Dubon’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The low-end Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances. See Gall, 552 U.S. at 51. AFFIRMED. 2 14-10211