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NOT FOR PUBLICATION FEB 23 2012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