United States v. Martin Ramirez-Bustamante , 633 F. App'x 487 ( 2016 )

FILED
NOT FOR PUBLICATION MAR 21 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, Nos. 15-10148
Nos. 15-10149
Plaintiff - Appellee,
D.C. Nos. 4:14-cr-01348-CKJ
v. 4:11-cr-03921-CKJ
MARTIN OMAR RAMIREZ-
BUSTAMANTE, a.k.a. Martin Omar MEMORANDUM*
Ramirez, a.k.a. Mario Rodriguez-Vasquez,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted March 15, 2016**
Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
In these consolidated appeals, Martin Omar Ramirez-Bustamante appeals the
24-month sentence imposed following his guilty-plea conviction for reentry of a
removed alien, in violation of 8 U.S.C. § 1326, and the 21-month partially
*
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).
consecutive sentence imposed upon revocation of supervised release. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Ramirez-Bustamante contends that the district court erred by imposing the
sentences to run partially consecutive, rather than fully concurrent. He argues that
the aggregate 36-month sentence is substantively unreasonable in light of his age,
military service, and reasons for reentering the United States. The district court did
not abuse its discretion in imposing Ramirez-Bustamante’s sentence. See Gall v.
United States, 552 U.S. 38, 51 (2007). The aggregate sentence is substantively
reasonable in light of the relevant 18 U.S.C. § 3553(a) sentencing factors and the
totality of the circumstances, including Ramirez-Bustamante’s criminal and
immigration history. See Gall, 552 U.S. at 51; United States v. Simtob, 485 F.3d
1058, 1062-63 (9th Cir. 2007); see also U.S.S.G. § 7B1.3(f) (recommending that a
revocation sentence run consecutively to any other term of imprisonment).
AFFIRMED.
2 15-10148 & 15-10149