FILED
NOT FOR PUBLICATION JUL 27 2012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. 11-50429
Plaintiff - Appellee, D.C. No. 3:11-cr-02954-LAB
v.
MEMORANDUM *
RAMON GUTIERREZ-PEREZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted July 17, 2012 **
Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.
Ramon Gutierrez-Perez appeals from the 30-month sentence imposed
following his guilty-plea conviction for being a deported alien found in the United
States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C.
*
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).
§ 1291, and we affirm.
Gutierrez-Perez contends that the district court procedurally erred by failing
to: (i) use the Guidelines range as a starting point for sentencing and keep the
Guidelines in mind during sentencing, (ii) consider the 18 U.S.C. § 3553(a) factors
other than deterrence, and (iii) explain the extent of the upward variance. The
record belies these contentions. The district court determined the correct
Guidelines range, listened to Gutierrez-Perez’s mitigating arguments, considered
the section 3553(a) factors, and sufficiently explained the sentence imposed. See
United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc).
Gutierrez-Perez also contends that his sentence is substantively
unreasonable. In light of the totality of the circumstances and the section 3553(a)
sentencing factors, particularly the need for deterrence, the sentence is
substantively reasonable. See Gall v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.
2 11-50429