USA V. SEBASTIAN QUINTO-PARTIDO, No. 15-10065 (9th Cir. 2015)

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FILED NOT FOR PUBLICATION NOV 23 2015 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, v. U.S. COURT OF APPEALS No. 15-10065 D.C. No. 2:14-cr-00171-JAD MEMORANDUM* SEBASTIAN QUINTO-PARTIDO, Defendant - Appellant. Appeal from the United States District Court for the District of Nevada Jennifer A. Dorsey, District Judge, Presiding Submitted November 18, 2015** Before: TASHIMA, OWENS, and FRIEDLAND, Circuit Judges. Sebastian Quinto-Partido appeals from the district court’s judgment and challenges the 30-month custodial sentence and three-year term of supervised release imposed following his guilty-plea conviction for being a deported alien found in unlawfully the United States, in violation of 8 U.S.C. § 1326. We have * 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). jurisdiction under 28 U.S.C. § 1291, and we affirm. Quinto-Partido contends that the custodial sentence and three-year term of supervised release are substantively unreasonable. The district court did not abuse its discretion in imposing Quinto-Partido’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The low-end custodial sentence and term of supervised release are substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Quinto-Partido’s extensive immigration history and the need for adequate deterrence. See U.S.S.G. § 5D1.1 cmt. n.5 (supervised release term for a deportable alien is appropriate if it would provide added measure of deterrence); Gall, 552 U.S. at 51. AFFIRMED. 2 15-10065

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