United States v. Pedro Alvarez-Sanchez , 551 F. App'x 301 ( 2013 )

FILED
NOT FOR PUBLICATION DEC 30 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-10224
Plaintiff - Appellee, D.C. No. 2:12-cr-00168-JCM
v.
MEMORANDUM*
PEDRO ALVAREZ-SANCHEZ, a.k.a.
Alfredo Gomez,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
James C. Mahan, District Judge, Presiding
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Pedro Alvarez-Sanchez appeals from the district court’s judgment and
challenges the 56-month sentence imposed following his guilty-plea conviction for
being a deported alien found unlawfully in the United States, in violation of 8
*
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).
U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Alvarez-Sanchez contends that his sentence is substantively unreasonable
because the district court’s downward variance did not reflect the full amount of
time he served in state custody before he was indicted on the instant charge. The
district court did not abuse its discretion in imposing Alvarez-Sanchez’s sentence.
See Gall v. United States, 552 U.S. 38, 51 (2007). The record reflects that the
district court considered Alvarez-Sanchez’s state sentence when it varied
downward to impose a below-Guidelines sentence. The sentence is substantively
reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of
the circumstances, including Alvarez-Sanchez’s criminal history and multiple
deportations. See id.Because Alvarez-Sanchez is represented by counsel, we do not consider his
pro se motion to vacate sentence.
AFFIRMED.
2 13-10224