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United States v. Cruz-Gregorio

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Sep 24, 2012
481 F. App'x 369 (9th Cir. 2012)

Opinion

No. 12-50087 D.C. No. 3:11-cr-04995-LAB

09-24-2012

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ALFONSO CRUZ-GREGORIO, Defendant - Appellant.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court

for the Southern District of California

Larry A. Burns, District Judge, Presiding

Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.

Alfonso Cruz-Gregorio appeals from the 30-month sentence imposed following his guilty-plea conviction for attempted entry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Cruz-Gregorio contends that the district court procedurally erred by failing to consider the 18 U.S.C. § 3553(a) sentencing factors and by failing to explain why a 14-month upward variance was necessary. This contention is without merit as the record reflects that the court reviewed all of the evidence submitted, listened to the mitigating arguments, and considered the section 3553(a) sentencing factors. Furthermore, the court explained that it was basing the sentence on the need to protect the public and afford adequate deterrence. See 18 U.S.C. § 3553(a).

Cruz-Gregorio next contends that his sentence is substantively unreasonable. Under the totality of the circumstances, including Cruz-Gregorio's criminal history and ten previous deportations, the sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51 (2007).

AFFIRMED.


Summaries of

United States v. Cruz-Gregorio

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Sep 24, 2012
481 F. App'x 369 (9th Cir. 2012)
Case details for

United States v. Cruz-Gregorio

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ALFONSO CRUZ-GREGORIO…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Sep 24, 2012

Citations

481 F. App'x 369 (9th Cir. 2012)