United States v. Filomeno Ponce , 523 F. App'x 459 ( 2013 )

FILED
NOT FOR PUBLICATION JUN 13 2013
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. 12-10409
Plaintiff - Appellee, D.C. No. 2:11-cr-00340-JAM
v.
MEMORANDUM *
FILOMENO ULLOA PONCE,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of California
John A. Mendez, District Judge, Presiding
Submitted June 10, 2013 **
Before: HAWKINS, McKEOWN, and BERZON, Circuit Judges.
Filomeno Ulloa Ponce appeals from the district court’s judgment and
challenges the 41-month sentence imposed following his guilty-plea conviction for
being a felon in possession of ammunition, in violation of 18 U.S.C. § 922(g)(1).
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).
Ulloa Ponce 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 Ulloa Ponce’s sentence. See Gall v. United States, 552 U.S. 38, 51
(2007). The sentence at the bottom of the Guidelines range is substantively
reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of
the circumstances, including the offense conduct and Ulloa Ponce’s extensive
criminal history, which included seven felony convictions. See id.AFFIRMED.
2 12-10409