FILED
NOT FOR PUBLICATION JUN 21 2013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. 12-10373
Plaintiff - Appellee, D.C. No. 2:12-cr-00085-LKK
v.
MEMORANDUM *
RICARDO CAZARES-OZUNA, a.k.a.
Richard Martinez,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of California
Lawrence K. Karlton, District Judge, Presiding
Submitted June 18, 2013 **
Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.
Ricardo Cazares-Ozuna appeals from the district court’s judgment and
challenges the 57-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.
*
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).
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Cazares-Ozuna contends that the district court procedurally erred by
“mechanically” imposing a Guidelines sentence and by failing to provide reasons
as to why he was a danger to the community. We review for plain error, see
United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find
none. The record shows the district court understood that the Guidelines are
advisory and adequately explained the sentence.
Cazares-Ozuna also contends that the district court abused its discretion by
failing to depart or vary downward on the basis of his cultural assimilation. Our
review of a district court’s exercise of discretion to depart or vary on the basis of
cultural assimilation is limited to determining whether the court imposed a
substantively reasonable sentence. See United States v. Ellis, 641 F.3d 411, 421-22
(9th Cir. 2011). The district court did not abuse its discretion in imposing Cazares-
Ozuna’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The sentence
at the bottom of the advisory Guidelines range is substantively reasonable in light
of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances,
including Cazares-Ozuna’s dangerousness to the community. See U.S.S.G.
§ 2L1.2 cmt. n. 8; Gall, 552 U.S. at 51.
AFFIRMED.
2 12-10373