United States v. Cesar Flores-Montiel

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS SEP 1 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, Nos. 15-50036
15-50038
Plaintiff - Appellee,
D.C. Nos. 3:13-cr-00377-LAB
v. 3:14-cr-02271-LAB
CESAR FRANCISCO MEMORANDUM*
FLORES-MONTIEL,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted August 25, 2015**
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
In these consolidated appeals, Cesar Francisco Flores-Montiel appeals the
24-month sentence imposed upon his guilty-plea conviction for attempted reentry
after deportation, in violation of 8 U.S.C. § 1326, and the eight-month custodial
*
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).
sentence and three-year term of supervised release imposed upon revocation of
probation. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Flores-Montiel contends that the district court procedurally erred by failing
to explain adequately the 24-month sentence imposed for his new criminal
conviction. This claim fails. The record reflects that the court sufficiently
explained its reasons for imposing the within-Guidelines sentence. See United
States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc).
Flores-Montiel next contends that the sentence imposed upon revocation of
probation is substantively unreasonable. The district court did not abuse its
discretion in imposing Flores-Montiel’s sentence. See Gall v. United States, 552
U.S. 38, 51 (2007). The term of supervised release and the below-Guidelines
custodial sentence are substantively reasonable in light of the relevant 18
U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including
Flores-Montiel’s criminal and immigration history. See Gall, 552 U.S. at 51;
United States v. Valdavinos-Torres, 704 F.3d 679, 692-93 (9th Cir. 2012).
AFFIRMED.
2 15-50036 & 15-50038