United States v. Jose Gallardo-Dedios

FILED NOT FOR PUBLICATION FEB 23 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-30116 Plaintiff - Appellee, D.C. No. 1:10-cr-00182-BLW v. MEMORANDUM * JOSE GALLARDO-DEDIOS, Defendant - Appellant. Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, Chief Judge, Presiding Submitted February 21, 2012 ** Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges. Jose Gallardo-Dedios appeals from the 188-month sentence imposed following his guilty-plea conviction for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. We have jurisdiction under * 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). 28 U.S.C. § 1291, and we affirm. Gallardo-Dedios contends his sentence is substantively unreasonable because it is higher than the sentences of his co-defendants, resulting in an unwarranted sentencing disparity. The bottom-of-the-Guidelines sentence is substantively reasonable in light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors. See United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc); United States v. Plouffe, 445 F.3d 1126, 1131 (9th Cir. 2006) (“[S]entencing courts are to consider how the sentencing factors apply to each defendant and determine whether an individualized sentence is warranted.”). AFFIRMED. 2 11-30116