United States v. Samuel Navarrette-Aguilar , 693 F. App'x 703 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 17 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-30104
Plaintiff-Appellee, D.C. No. 3:12-cr-00373-HZ
v.
MEMORANDUM*
SAMUEL NAVARRETTE-AGUILAR,
a.k.a. Guayabo,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Oregon
Marco A. Hernandez, District Judge, Presiding
Submitted July 11, 2017**
Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges.
Samuel Navarrette-Aguilar appeals from the district court’s judgment and
challenges the 168-month concurrent sentences imposed upon remand for
resentencing following his convictions for heroin trafficking conspiracy,
distribution of heroin, and possession with intent to distribute heroin, in violation
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
Navarrette-Aguilar contends that his sentence is substantively unreasonable.
The court did not abuse its discretion in imposing Navarrette-Aguilar’s sentence.
See Gall v. United States, 552 U.S. 38, 51 (2007). The within-Guidelines sentence
is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors
and the totality of the circumstances, including Navarrette-Aguilar’s criminal
history and the nature of the offense. See Gall, 552 U.S. at 51; see also United
States v. Carter, 560 F.3d 1107, 1121 (9th Cir. 2009) (sentencing disparities are
not unwarranted where defendant and his co-conspirators are not similarly
situated).
AFFIRMED.
2 16-30104