UNITED STATES of America, Plaintiff-Appellee, v. Luis TORRES-MARQUEZ, Defendant-Appellant.
Decided: May 13, 2020
Before: BERZON, N.R. SMITH, and MILLER, Circuit Judges.
Aaron Paul Arnzen, Assistant U.S. Attorney, Derek Ko, Daniel Earl Zipp, Assistant U.S. Attorney, Office of the US Attorney, San Diego, CA, for Plaintiff - Appellee Ezekiel E. Cortez, Ezekiel E. Cortez, Esq., San Diego, CA, for Defendant - Appellant
Luis Torres-Marquez appeals from the district court’s judgment and challenges the 77-month sentence imposed following his guilty-plea conviction for being a removed alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Torres-Marquez contends that the sentence is substantively unreasonable because the court did not give adequate weight to his argument that his offense behavior was motivated by economic desperation, and gave too much weight to his dated criminal history. 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 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 the length of the sentences Torres-Marquez received for his prior illegal reentry offenses, his non-immigration criminal history, and his 24 deportations prior to the commission of the instant offense. See Gall, 552 U.S. at 51, 128 S.Ct. 586; see also United States v. Gutierrez-Sanchez, 587 F.3d 904, 908 (9th Cir. 2009) (“The weight to be given the various factors in a particular case is for the discretion of the district court.”).
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