United States v. Hector Delgado-Zuniga ( 2018 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 19 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 18-10185
Plaintiff-Appellee, D.C. No. 2:17-cr-00312-KJD
v.
HECTOR DELGADO-ZUNIGA, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the District of Nevada
Kent J. Dawson, District Judge, Presiding
Submitted December 17, 2018**
Before: WALLACE, SILVERMAN, and McKEOWN, Circuit Judges.
Hector Delgado-Zuniga appeals from the district court’s judgment and
challenges the 41-month sentence imposed following his guilty-plea conviction for
being a deported alien found unlawfully in the United States, 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 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).
Delgado-Zuniga argues that his within-Guidelines sentence is substantively
unreasonable because his personal circumstances warranted a below-Guidelines
sentence and his 2003 felony conviction, which triggered an enhancement under
U.S.S.G. § 2L1.2(b)(2)(B), was so stale as to render the Guidelines range
unreasonable. The district court did not abuse its discretion. See Gall v. United
States, 552 U.S. 38, 51 (2007). The court explicitly considered Delgado-Zuniga’s
mitigating arguments and imposed a within-Guidelines sentence that – unlike the
sentence in United States v. Amezcua-Vasquez, 567 F.3d 1050 (9th Cir. 2009) –
properly reflects the 18 U.S.C. § 3553(a) sentencing factors and the totality of the
circumstances, including Delgado-Zuniga’s numerous prior removals from the
United States and his failure to be deterred by a lengthy prior sentence for illegal
reentry. See Gall, 552 U.S. at 51.
AFFIRMED.
2 18-10185