United States v. Pablo Gonzalez-Mora

FILED NOT FOR PUBLICATION MAR 22 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-10314 Plaintiff - Appellee, D.C. No. 2:11-cr-00077-RLH v. MEMORANDUM * PABLO GONZALEZ-MORA, Defendant - Appellant. Appeal from the United States District Court for the District of Nevada Roger L. Hunt, District Judge, Presiding Submitted March 12, 2013 ** Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges. Pablo Gonzalez-Mora appeals from the district court’s judgment and challenges the 135-month sentence imposed following his guilty-plea conviction for possession with intent to distribute methamphetamine, in violation of 21 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). § 841(a)(1), (b)(1)(A)(viii). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Gonzalez-Mora contends that his sentence is substantively unreasonable because mitigating factors, including his disadvantaged youth, justified a variance. The district court did not abuse its discretion in imposing Gonzalez-Mora’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). In light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors, the low-end Guidelines sentence is substantively reasonable. See id.; see also United States v. Gutierrez-Sanchez, 587 F.3d 904, 908 (9th Cir. 2009) (“The weight to be given the various factors in a particular case is for the discretion of the district court.”). AFFIRMED. 2 12-10314