United States v. Jose De Jesus Garay-Gonzalez

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 30 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 19-30272
Plaintiff-Appellee, D.C. No. 1:16-cr-00225-EJL-1
v.
JOSE DE JESUS GARAY-GONZALEZ, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the District of Idaho
Edward J. Lodge, District Judge, Presiding
Submitted October 26, 2020**
Before: McKEOWN, RAWLINSON, and FRIEDLAND, Circuit Judges.
Jose de Jesus Garay-Gonzalez appeals from the district court’s judgment and
challenges the 210-month sentence imposed following his guilty-plea conviction
for conspiracy to distribute methamphetamine, in violation of 21 U.S.C.
§§ 841(a)(1), 846. 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).
Garay-Gonzalez contends that his sentence is substantively unreasonable
because it is longer than necessary, particularly in light of his inability to
participate in any rehabilitative programming in prison as a result of his
immigration status. The district court did not abuse its discretion. See Gall v.
United States, 552 U.S. 38, 51 (2007). The 210-month sentence, which is at the
low-end of the undisputed Guidelines range and was recommended by both parties,
is substantively reasonable in light of the 18 U.S.C. § 3553(a) factors and the
totality of the circumstances, including Garay-Gonzalez’s criminal history and the
nature and circumstances of the offense. See Gall, 552 U.S. at 51. Contrary to
Garay-Gonzalez’s assertion, the record reflects that the district court heard and
understood his mitigating arguments; it was not persuaded that they justified a
shorter sentence. See Rita v. United States, 551 U.S. 338, 358-59 (2007).
AFFIRMED.
2 19-30272