United States v. Hector Delgado-Zuniga

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 19 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 18-10185

Plaintiff-Appellee, D.C. No. 2:17-cr-00312-KJD

v.

HECTOR DELGADO-ZUNIGA, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Nevada Kent J. Dawson, District Judge, Presiding

Submitted December 17, 2018**

Before: WALLACE, SILVERMAN, and McKEOWN, Circuit Judges.

Hector Delgado-Zuniga appeals from the district court’s judgment and

challenges the 41-month sentence imposed following his guilty-plea conviction for

being a deported alien found unlawfully in the United States, in violation of 8

U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Delgado-Zuniga argues that his within-Guidelines sentence is substantively

unreasonable because his personal circumstances warranted a below-Guidelines

sentence and his 2003 felony conviction, which triggered an enhancement under

U.S.S.G. § 2L1.2(b)(2)(B), was so stale as to render the Guidelines range

unreasonable. The district court did not abuse its discretion. See Gall v. United

States, 552 U.S. 38, 51 (2007). The court explicitly considered Delgado-Zuniga’s

mitigating arguments and imposed a within-Guidelines sentence that – unlike the

sentence in United States v. Amezcua-Vasquez, 567 F.3d 1050 (9th Cir. 2009) –

properly reflects the 18 U.S.C. § 3553(a) sentencing factors and the totality of the

circumstances, including Delgado-Zuniga’s numerous prior removals from the

United States and his failure to be deterred by a lengthy prior sentence for illegal

reentry. See Gall, 552 U.S. at 51.

AFFIRMED.

2 18-10185