United States of America v. Aldin Abidan Martinez- Agustin

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ALDIN ABIDAN MARTINEZ-
AGUSTIN,
Defendant - Appellant.
No. 11-50489
D.C. No. 3:11-cr-03812-BEN
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted June 26, 2012 **
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Aldin Abidan Martinez-Agustin appeals from the 18-month sentence
imposed following his guilty-plea conviction for attempted entry after deportation,
in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and
FILED
JUL 03 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-50489 2
we affirm.
Martinez-Agustin contends that the district court abused its discretion when
it imposed an above-Guidelines sentence. He claims that the district court
impermissibly punished him for being unable to verify his political asylum claim
and gave too much weight to his prior drunk driving convictions. The record
reflects that the district court properly considered the 18 U.S.C. § 3553(a)
sentencing factors and did not otherwise procedurally err. See United States v.
Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc). Moreover, the district court
did not abuse its discretion by imposing an upward variance to account for
Martinez-Agustin’s criminal history, failure to be deterred, and risk of recidivism.
See United States v. Orlando, 553 F.3d 1235, 1239 (9th Cir. 2009). Martinez-
Agustin’s sentence is substantively reasonable in light of the totality of the
circumstances and the section 3553(a) factors. See Gall v. United States, 552 U.S.
38, 51 (2007).
AFFIRMED.

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