Opinion
No. 12-10145 D.C. No. 4:11-cr-03595-CKJ-CRP-1
09-14-2012
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FRANCISCO GALAZ-CHAPARRO, 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NOT FOR PUBLICATION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 District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Francisco Galaz-Chaparro appeals from the 63-month sentence imposed following his guilty-plea conviction for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Galaz-Chaparro contends that his sentence is substantively unreasonable in light of his personal situation, his unique characteristics, and the true nature of his non-violent criminal history. The record reflects that under the totality of the circumstances, including Chaparro's most recent re-entry only four months after his last deportation, the sentence within the Guidelines range is not substantively unreasonable. See 18 U.S.C. § 3553(a); Gall v. United States, 552 U.S. 38, 51 (2007).
Galaz-Chaparro's motion, filed on August 21, 2012, requesting an extension of time to file his reply brief is granted. The reply brief received on August 21, 2012, is deemed filed.
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AFFIRMED.