FILED
NOT FOR PUBLICATION APR 10 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-50283
Plaintiff - Appellee, D.C. No. 3:13-cr-03108-H-1
v.
MEMORANDUM*
ANTHONY MICHAEL GONZALES,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Marilyn L. Huff, District Judge, Presiding
Submitted April 7, 2015 **
Before: FISHER, TALLMAN, and NGUYEN, Circuit Judges.
Anthony Michael Gonzales appeals from the district court’s judgment and
challenges the 120-month sentence imposed following his guilty-plea conviction
for receipt of images of minors engaged in sexually explicit conduct in violation of
18 U.S.C. § 2252(a)(2). 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.
Gonzales asserts that the district court’s sentence of 120 months is
substantively unreasonable in light of his mitigating circumstances, including his
youth and lack of criminal history. To determine whether a sentence is
substantively unreasonable, we consider the 18 U.S.C. § 3553(a) factors and the
totality of the circumstances. See Gall v. United States, 552 U.S. 38, 51 (2007).
We review for abuse of discretion and “will provide relief only in rare cases.”
United States v. Ressam, 679 F.3d 1069, 1086, 1088 (9th Cir. 2012) (en banc).
Though the Guidelines sentence is harsh, this is not the rare case where relief
is appropriate. The district court granted a five-level downward departure based on
the mitigating factors argued by Gonzales. The 120-month sentence is
substantively reasonable in light of the section 3553(a) sentencing factors and the
totality of the circumstances. See Gall, 552 U.S. at 51.
AFFIRMED.
2 14-50283