United States v. Sergio Barahona ( 2015 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUN 30 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 14-10388
Plaintiff - Appellee, D.C. No. 4:13-cr-00450-JAS
v. MEMORANDUM*
SERGIO BARAHONA,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
James Alan Soto, District Judge, Presiding
Submitted June 22, 2015**
Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
Sergio Barahona appeals from the district court’s judgment and challenges
the 48-month sentence imposed following his guilty-plea conviction for illegal
reentry after deportation, in violation of 8 U.S.C. § 1326. 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).
Barahona contends that his sentence is substantively unreasonable based on
the specific facts of his case, including that he returned to the United States to
support and provide home care for his family. He also argues that the 16-level
enhancement under U.S.S.G. § 2L1.2(b)(1)(A) is disproportionately harsh. The
district court imposed a downward variance of nine months from the advisory
Guidelines in consideration of the mitigating factors, and did not abuse its
discretion in imposing Barahona’s sentence. See Gall v. United States, 552 U.S.
38, 51 (2007). The 48-month sentence is substantively reasonable in light of the
18 U.S.C. § 3553(a) factors and the totality of the circumstances, including
Barahona’s criminal history of domestic abuse. See Gall, 552 U.S. at 51.
AFFIRMED.
2 14-10388