USA V. ERNESTO ERDING, No. 17-50059 (9th Cir. 2018)

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FILED NOT FOR PUBLICATION OCT 29 2018 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. U.S. COURT OF APPEALS 17-50059 D.C. No. 3:14-cr-03594-BEN v. MEMORANDUM* ERNESTO ERDING, a.k.a. Ernie, Defendant-Appellant. Appeal from the United States District Court for the Southern District of California Roger T. Benitez, District Judge, Presiding Submitted October 22, 2018** Before: SILVERMAN, GRABER, and GOULD, Circuit Judges Ernesto Erding appeals from the district court’s judgment and challenges the 151-month sentence imposed following his guilty-plea conviction for conspiracy to distribute a controlled substance in violation of 21 U.S.C. §§ 841(a)(1) and 846. 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 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). Erding contends that his sentence is substantively unreasonable. The district court did not abuse its discretion when it imposed Erding’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The within-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Erding’s aggravated role in the methamphetamine operation and the need to avoid sentencing disparities. See Gall, 552 U.S. at 51. AFFIRMED. 2 17-50059

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