United States v. Julio Gonzalez-Zamudio

FILED NOT FOR PUBLICATION SEP 25 2015 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 15-30003 Plaintiff - Appellee, D.C. No. 1:14-cr-00245-PA v. MEMORANDUM* JULIO GONZALEZ-ZAMUDIO, Defendant - Appellant. Appeal from the United States District Court for the District of Oregon Owen M. Panner, District Judge, Presiding Submitted September 21, 2015** Before: REINHARDT, LEAVY, and BERZON, Circuit Judges. Julio Gonzalez-Zamudio appeals from the district court’s judgment and challenges the 57-month sentence imposed following his guilty-plea conviction for illegal reentry, 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). Gonzalez-Zamudio contends that his sentence is substantively unreasonable in light of (i) the age of his prior conviction, which triggered a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A); (ii) his history and circumstances; and (iii) the fact that he was sentenced to 27 months for a prior illegal reentry. The district court did not abuse its discretion in imposing Gonzalez-Zamudio’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The sentence at 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, including Gonzalez-Zamudio’s criminal and immigration history. See Gall, 552 U.S. at 51. AFFIRMED. 2 15-30003