USA V. ZEUS GUZMAN-AGUILAR, No. 15-30019 (9th Cir. 2015)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 19 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 15-30019 D.C. No. 1:14-cr-00143-PA v. MEMORANDUM* ZEUS APOLO GUZMAN-AGUILAR, Defendant - Appellant. Appeal from the United States District Court for the District of Oregon Owen M. Panner, District Judge, Presiding Submitted October 14, 2015** Before: SILVERMAN, BYBEE, and WATFORD, Circuit Judges. Zeus Apolo Guzman-Aguilar appeals from the district court’s judgment and challenges the 57-month sentence imposed following his guilty-plea conviction for illegal reentry, 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). Guzman-Aguilar first argues that the district court procedurally erred by failing to address his mitigating arguments and discuss its application of the 18 U.S.C. § 3553(a) sentencing factors. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. The record reflects that the district court addressed Guzman-Aguilar’s arguments and explained that the sentence was appropriate in light of the applicable sentencing factors. See United States v. Amezcua-Vasquez, 567 F.3d 1050, 1053-54 (9th Cir. 2009). Next, Guzman-Aguilar asserts that his sentence is substantively unreasonable, referencing the “alternative” Guidelines range that would have applied had his reentry offense and his recent state drug-trafficking offense been prosecuted together in federal court. We review a claim that a sentence is substantively unreasonable for abuse of discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). In light of Guzman-Aguilar’s criminal and immigration history, the court did not abuse its discretion in imposing a low-end sentence of 57 months. See id. AFFIRMED. 2 15-30019
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