United States v. Gilbert Rushford , 475 F. App'x 233 ( 2012 )

FILED
NOT FOR PUBLICATION AUG 13 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-10660
Plaintiff - Appellee, D.C. No. 2:11-cr-00123-KJD
v.
MEMORANDUM *
GILBERT RUSHFORD,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Kent J. Dawson, District Judge, Presiding
Submitted August 8, 2012 **
Before: ALARCÓN, BERZON, and IKUTA, Circuit Judges.
Gilbert Rushford appeals from the 57-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.
*
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).
§ 1291, and we affirm.
Rushford contends that his sentence is substantively unreasonable because
the district court gave insufficient weight to his long-term drug addiction. In light
of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors,
the sentence at the bottom of the Guidelines range is substantively reasonable. See
Gall v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.
2 11-10660