USA V. MIGUEL DELOA, No. 14-10120 (9th Cir. 2015)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 17 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 14-10120 D.C. No. 2:13-cr-00347-LDG v. MEMORANDUM* MIGUEL DELOA, Defendant - Appellant. Appeal from the United States District Court for the District of Nevada Lloyd D. George, District Judge, Presiding Submitted March 10, 2015** Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges. Miguel Deloa appeals from the district court’s judgment and challenges the 50-month sentence imposed following his guilty-plea conviction for being a deported alien found unlawfully in the United States, 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). Deloa contends that his sentence is substantively unreasonable in light of his cultural assimilation and other mitigating factors. The district court did not abuse its discretion in imposing Deloa’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The 50-month sentence, at the middle of the Guidelines range, is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Deloa’s criminal history and three prior deportations. See U.S.S.G. § 2L1.2 cmt. n.9; Gall, 552 U.S. at 51. AFFIRMED. 2 14-10120
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