United States v. Jose Gomez-Parra

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT MAY 28 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS UNITED STATES OF AMERICA, No. 14-10249 Plaintiff - Appellee, D.C. No. 2:12-cr-00243-LDG- VCF-1 v. JOSE GUADALUPE GOMEZ-PARRA, MEMORANDUM* Defendant - Appellant. Appeal from the United States District Court for the District of Nevada Lloyd D. George, Senior District Judge, Presiding Submitted March 17, 2015** Before: HUG, FARRIS, and CANBY, Circuit Judges. Jose Gomez-Parra appeals from the district court’s judgment and challenges the 57-month sentence imposed 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). Gomez-Parra contends that the 57-month sentence is substantively unreasonable. We review for abuse of discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The district court did not abuse its discretion in imposing the 57-month sentence. The sentence is not substantively unreasonable in light of the totality of the circumstances and the 18 U.S.C. § 3553(a) factors, including not only Gomez-Parra’s cultural and family ties, but his criminal history. See id. AFFIRMED. 2