FILED
NOT FOR PUBLICATION APR 27 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-50574
Plaintiff - Appellee, D.C. No. 2:13-cr-00383-ABC
v.
MEMORANDUM*
CELEDONIO ARZATE-BARRERA,
a.k.a. Celedonio Arzate, a.k.a. Celedonio
Barrera Arzate, a.k.a. Celedonio Azate-
Barrera,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Audrey B. Collins, District Judge, Presiding
Submitted April 22, 2015**
Before: GOODWIN, BYBEE, and CHRISTEN, Circuit Judges.
Celedonio Arzate-Barrera appeals from the district court’s judgment and
challenges the 50-month sentence imposed following his guilty-plea conviction for
*
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).
being an illegal alien found in the United States following deportation, in violation
of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Arzate-Barrera contends that his sentence is substantively unreasonable in
light of his history and circumstances, namely, the significant trauma and tragedies
he and his family suffered. The district court did not abuse its discretion in
imposing the Arzate-Barrera’s sentence. See Gall v. United States, 552 U.S. 38, 51
(2007). The 50-month sentence, which represents a 20-month downward variance
from the bottom of the Guidelines range, 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; 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 13-50574