UNITED STATES v. ERDING (2018)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Ernesto ERDING, a.k.a. Ernie, Defendant-Appellant.

No. 17-50059

Decided: October 29, 2018

Before: SILVERMAN, GRABER, and GOULD, Circuit Judges

Orlando Bernhard Gutierrez, Assistant U.S. Attorney, Helen H. Hong, Assistant U.S. Attorney, Nicole Ries Fox, Assistant U.S. Attorney, Office of the US Attorney, San Diego, CA, for Plaintiff-Appellee Francisco Jose Sanchez, Jr., Esquire, Attorney, Law Office of Francisco J Sanchez, San Diego, CA, for Defendant-Appellant

MEMORANDUM **

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.

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, 128 S.Ct. 586, 169 L.Ed.2d 445 (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, 128 S.Ct. 586.

AFFIRMED.

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