United States v. Cruz Lafarga ( 2015 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT APR 10 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 14-10322
Plaintiff - Appellee, D.C. No. 2:13-cr-00085-JAD
v.
MEMORANDUM*
CRUZ ALBERT LAFARGA, AKA Albert
Lafarga-Cruz,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Jennifer A. Dorsey, District Judge, Presiding
Submitted April 7, 2015 **
Before: FISHER, TALLMAN, and NGUYEN, Circuit Judges.
Cruz Albert Lafarga appeals from the district court’s judgment and
challenges the 126-month sentence imposed following his guilty-plea conviction
for conspiracy to distribute methamphetamine, possession with intent to distribute
methamphetamine, and distribution of 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.
§§ 841(a)(1), 841(b)(1)(A), and 846; and being an illegal alien in possession of a
firearm in violation of 18 U.S.C. §§ 922(g)(5)(A) and 924(a)(2). We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Lafarga asserts that the district court’s sentence of 126 months is
substantively unreasonable in light of his strong family support and lack of
criminal history. To determine whether a sentence is substantively unreasonable,
we consider the 18 U.S.C. § 3553(a) factors and the totality of the circumstances.
See Gall v. United States, 552 U.S. 38, 51 (2007). We review for abuse of
discretion and “will provide relief only in rare cases.” United States v. Ressam,
679 F.3d 1069, 1086, 1088 (9th Cir. 2012) (en banc).
This is not the rare case where relief is appropriate. The district court fully
considered the mitigating factors urged by Lafarga in determining the appropriate
sentence. Indeed, the district court granted Lafarga a 25-month downward
variance based on those circumstances. The below-Guidelines sentence is
substantively reasonable in light of the section 3553(a) sentencing factors and the
totality of the circumstances. See Gall, 552 U.S. at 51.
AFFIRMED.
2 14-10322