UNITED STATES v. ZAMORANO MUNOZ (2020)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Pablo ZAMORANO-MUNOZ, Defendant-Appellant.

No. 19-50193

Decided: April 15, 2020

Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges.

Ronald Sou, Shauna Prewitt, Daniel Earl Zipp, Assistant U.S. Attorney, Office of the US Attorney, San Diego, CA, for Plaintiff - Appellee John Owen Lanahan, Attorney, Law Office of John Lanahan, San Diego, CA, for Defendant - Appellant

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.

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