USA V. ISRRAEL PARAMO-VILLASANA, No. 13-10161 (9th Cir. 2014)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAY 21 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 13-10161 D.C. No. 4:11-cr-03496-CKJ v. MEMORANDUM* ISRRAEL PARAMO-VILLASANA, a.k.a. Israel Villasana-Paramo, a.k.a. Isrrael Villasana-Paramo, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Cindy K. Jorgenson, District Judge, Presiding Submitted May 13, 2014** Before: CLIFTON, BEA, and WATFORD, Circuit Judges. Isrrael Paramo-Villasana appeals his jury-trial conviction and 46-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326. 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 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Paramo-Villasana contends that the district court erred by denying his motion to suppress his identity, which he disclosed during a traffic stop, because he had reason to believe that he was not free to leave during the stop. We review the denial of a motion to suppress de novo. See United States v. Del Toro Gudino, 376 F.3d 997, 998 (9th Cir. 2004). We decline to reach the issue of whether ParamoVillasana s encounter with law enforcement violated the Fourth Amendment because, even assuming a violation, Paramo-Villasana s identity cannot be suppressed. See id. at 1000-01. Paramo-Villasana also contends that his sentence is substantively unreasonable. We review for abuse of discretion, see Gall v. United States, 552 U.S. 38, 51 (2007), and find none. The within-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Paramo-Villasana s criminal history. See id. AFFIRMED. 2 13-10161

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