United States v. Francisco Flores-Babichi ( 2011 )

FILED
NOT FOR PUBLICATION OCT 26 2011
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. 10-10345
Plaintiff - Appellee, D.C. No. 4:08-cr-00274-DCB
v.
MEMORANDUM *
FRANCISCO FLORES-BABICHI,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted October 25, 2011 **
Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.
Francisco Flores-Babichi appeals from the 77-month sentence imposed
following remand for resentencing. We have jurisdiction under 28 U.S.C. § 1291,
and we affirm.
*
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).
Flores-Babichi contends that his sentence is substantively unreasonable
under United States v. Amezcua-Vasquez, 567 F.3d 1050 (9th Cir. 2009), given the
staleness of his prior conviction, and his alleged cultural assimilation. The record
reflects that the sentence imposed is substantively reasonable in light of the totality
of the circumstances and the sentencing factors set forth in 18 U.S.C. § 3553(a).
See Gall v. United States, 552 U.S. 38, 51 (2007); United States v.
Valencia-Barragan, 608 F.3d 1103, 1108-09 (9th Cir. 2010) (district court did not
abuse its discretion in applying 16-level enhancement where § 3553(a) factors
supported within-Guidelines sentence).
AFFIRMED.
2 10-10345