Opinion
No. 17-10387 No. 17-10388
04-13-2018
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. CARLOS ESTRELLA CAMBRANIS, a.k.a. Carlos Estrella, a.k.a. Carlos Estrella-Cambranis, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. Nos. 4:16-cr-00243-JSW 4:13-cr-00146-JSW MEMORANDUM Appeal from the United States District Court for the Northern District of California
Jeffrey S. White, District Judge, Presiding Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
In these consolidated appeals, Carlos Estrella Cambranis appeals the 50-month sentence imposed following his guilty-plea conviction for illegal reentry following deportation, in violation of 8 U.S.C. § 1326, and the 12-month consecutive sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Cambranis contends that the 62-month sentence is substantively unreasonable because his mitigating arguments concerning his history and background, his reasons for returning to the United States, and his law-abiding behavior after his return warranted a lower sentence. The district court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The sentence imposed is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including the need to deter. See Gall, 552 U.S. at 51.
Moreover, the court properly exercised its discretion to impose consecutive terms in light of Cambranis's breach of the court's trust. See U.S.S.G. § 7B1.3(f); United States v. Simtob, 485 F.3d 1058, 1063 (9th Cir. 2007).
AFFIRMED.