USA V. JOSE AYALA-MEDINA, No. 13-50481 (9th Cir. 2014)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 1 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 13-50481 D.C. No. 3:13-cr-01288-LAB v. MEMORANDUM* JOSE RAUL AYALA-MEDINA, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted September 23, 2014** Before: W. FLETCHER, RAWLINSON, and CHRISTEN, Circuit Judges. Jose Raul Ayala-Medina appeals from the district court s judgment and challenges the 60-month sentence imposed following his guilty-plea conviction for importation of methamphetamine and heroin, in violation of 21 U.S.C. §§ 952 and 960. 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). Ayala-Medina contends that his above-Guidelines sentence is greater than necessary under 18 U.S.C. § 3553(a) in light of his individual circumstances, including his age, lack of criminal history, and motivation for committing the offense. The district court did not abuse its discretion in imposing Ayala-Medina s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The sentence, threemonths above the high end of the Guidelines range, is substantively reasonable in light of the section 3553(a) sentencing factors and the totality of the circumstances. See id.; 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. 2 13-50481

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