United States v. Alberto Pina

FILED NOT FOR PUBLICATION OCT 28 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-50404 Plaintiff - Appellee, D.C. No. 2:99-cr-01274-RSWL v. MEMORANDUM * ALBERTO PINA, Defendant - Appellant. Appeal from the United States District Court for the Central District of California Ronald S.W. Lew, District Judge, Presiding Submitted October 25, 2011 ** Before: TROTT, GOULD, and RAWLINSON, Circuit Judges. Alberto Pina appeals from the 360-month sentence imposed following his convictions for Racketeer Influenced and Corrupt Organizations conspiracy under 18 U.S.C. § 1962(d), and being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1). 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). Pina contends that his sentence is substantively unreasonable. Given the district court’s factual findings, Pina’s low-end Guidelines sentence is reasonable in light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors. See Gall v. United States, 552 U.S. 38, 51 (2007); United States v. Stoterau, 524 F.3d 988, 997 (9th Cir. 2008); U.S.S.G. § 1B1.3(a)(1)(B). AFFIRMED. 2 10-50404