UNITED STATES v. ZAMORANO MUNOZ (2020)

MEMORANDUM **

Pablo Zamorano-Munoz appeals from the district court’s judgment and challenges his 24-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.

Zamorano-Munoz contends that his above-Guidelines sentence is substantively unreasonable because (1) his prior convictions were already taken into consideration in the calculation of his Guidelines range, and (2) the upward variance created rather than avoided a sentencing disparity. 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). Contrary to Zamorano-Munoz’s contentions, the above-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) factors and the totality of the circumstances, including Zamorano-Munoz’s criminal and immigration history and the need to provide adequate deterrence. See Gall, 552 U.S. at 51, 128 S.Ct. 586.

AFFIRMED.