USA V. MARTIN MORALES-GUMECINDO, No. 16-10034 (9th Cir. 2016)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 21 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 16-10034 D.C. No. 4:15-cr-00790-CKJ MEMORANDUM* v. MARTIN CELESTINO MORALESGUMECINDO, a.k.a. Martin CelestinoGomesindo, a.k.a. Martin Celestino Gomesindo Morales, a.k.a. Martin Morales-Gumecindo, Defendant-Appellant. Appeal from the United States District Court for the District of Arizona Cindy K. Jorgenson, District Judge, Presiding Submitted December 14, 2016** Before: WALLACE, LEAVY, and FISHER, Circuit Judges. Martin Celestino Morales-Gumecindo appeals from the district court’s judgment and challenges the 41-month sentence imposed following his guilty-plea * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). conviction for reentry of a removed alien, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Morales-Gumecindo contends that the district court procedurally erred by failing to consider the proposed amendments to U.S.S.G. § 2L1.2 at sentencing. This claim fails. See United States v. Ruiz-Apolonio, 657 F.3d 907, 917 (9th Cir. 2011) ([“W]here an amendment has been promulgated but has not yet been adopted, district courts are not required to consider that amendment in the § 3553 analysis . . .”). Morales-Gumecindo next argues that his sentence is substantively unreasonable. He contends that the 16-level enhancement he received for his prior offense resulted in a Guidelines range that was unreasonable. The court did not abuse its discretion in sentencing Morales-Gumecindo. See Gall v. United States, 552 U.S. 38, 51 (2007). The within-Guidelines sentence is substantively reasonable in light of the section 3553(a) sentencing factors and the totality of the circumstances, including Morales-Gumecindo’s criminal history. See Gall, 552 U.S. at 51. AFFIRMED. 2 16-10034
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