UNITED STATES v. BELTRAN ARAIZA (2020)

MEMORANDUM **

Guadalupe Beltran-Araiza appeals from the district court’s judgment and challenges the 48-month sentence imposed following his guilty-plea conviction for attempted 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.

Beltran-Araiza argues that his sentence is substantively unreasonable in light of his familial obligations, his employment history, the allegedly non-violent nature of his criminal history, and his expectation that he would receive a more substantial fast-track departure. The district court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Beltran-Araiza’s significant criminal and immigration history and his failure to be deterred by prior sentences for illegal reentry. See United States v. Rosales-Gonzales, 801 F.3d 1177, 1184 (9th Cir. 2015). Moreover, Beltran-Araiza has not shown that his sentence creates an unwarranted sentencing disparity with any similarly situated defendant. See United States v. Carter, 560 F.3d 1107, 1121 (9th Cir. 2009).

AFFIRMED.