Opinion
No. 14-50196
03-18-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FELIPE DE JESUS CHAVOYA, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 3:13-cr-04537-BEN MEMORANDUM Appeal from the United States District Court for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Felipe de Jesus Chavoya appeals from the district court's judgment and challenges the 42-month sentence imposed following his guilty-plea conviction for importation of methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Chavoya contends that his sentence is substantively unreasonable in light of his history and circumstances. The district court did not abuse its discretion in imposing Chavoya's sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The above-Guidelines sentence is substantively reasonable in light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors. See Gall, 552 U.S. at 51; see also United States v. Gutierrez-Sanchez, 587 F.3d 904, 908 (9th Cir. 2009) ("The weight to be given the various factors in a particular case is for the discretion of the district court.").
AFFIRMED.