United States v. Gonzalo Serrano-Villalobos , 550 F. App'x 398 ( 2013 )

FILED
NOT FOR PUBLICATION DEC 18 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-10653
Plaintiff - Appellee, D.C. No. 2:10-cr-00055-KJM
v.
MEMORANDUM*
GONZALO SERRANO-VILLALOBOS,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of California
Kimberly J. Mueller, District Judge, Presiding
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Gonzalo Serrano-Villalobos appeals from the district court’s judgment and
challenges the 180-month sentence imposed following his guilty-plea conviction
for multiple drug offenses in violation of 21 U.S.C. §§ 841(a) and 846. 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).
Serrano-Villalobos contends that his sentence is substantively unreasonable
because the district court failed to grant a departure on the ground that his criminal
history category was overstated. The district court did not abuse its discretion in
imposing Serrano-Villalobos’s sentence. See Gall v. United States, 552 U.S. 38,
51 (2007). The below-Guidelines sentence is substantively reasonable in light of
the 18 U.S.C. § 3553(a) sentencing factors and the totality of circumstances,
including the offense conduct. See id.
AFFIRMED.
2 12-10653