United States v. Son Nguyen

523 F. App'x 439

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 13, 2013
• Docket: 12-10232
• Status: Unpublished

Opinion

FILED NOT FOR PUBLICATION JUN 13 2013

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, Nos. 12-10232 12-10233 Plaintiff - Appellee, D.C. Nos. 2:08-cr-00389-GEB v. 2:08-cr-00390-GEB

SON NGUYEN, MEMORANDUM * Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of California Garland E. Burrell, Jr., District Judge, Presiding

Submitted June 10, 2013 **

Before: HAWKINS, McKEOWN, and BERZON, Circuit Judges.

In these consolidated appeals, Son Nguyen appeals from the district court’s

judgment and challenges the 188-month sentence imposed following his guilty-

plea conviction for distribution of over five grams of actual methamphetamine, in

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). violation of 21 U.S.C. § 841(a)(1); and distribution of MDMA, in violation of 21

U.S.C. § 841(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Nguyen contends that his sentence is substantively unreasonable in light of

the age of the convictions that qualified him as a career offender status under

U.S.S.G. § 4B1.1. The district court did not abuse its discretion in imposing

Nguyen’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The

sentence at the bottom of the Sentencing Guidelines range is substantively

reasonable in light of the totality of the circumstances and the sentencing factors

set forth in 18 U.S.C. § 3553(a), including Nguyen’s criminal history and the

seriousness of the offense. See id.

AFFIRMED.

2 12-10232 & 12-10233