United States of America v. Ricardo Tlatempa-Torres

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RICARDO TLATEMPA-TORRES,
Defendant - Appellant.
No. 13-10139
D.C. No. 4:12-cr-01141-DCB-JR-
1
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted September 12, 2013 **
Before: HUG, FARRIS, and LEAVY, Circuit Judges.
Ricardo Tlatempa-Torres appeals from the district court’s judgment and
challenges the 46-month sentence imposed following his guilty-plea conviction for
illegal re-entry after deportation, in violation of 8 U.S.C. § 1326. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
OCT 23 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Tlatempa-Torres contends that the sentence, which is at the bottom of the
applicable Sentencing Guidelines range, is substantively unreasonable. We review
for abuse of discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The
district court did not abuse its discretion in imposing the 46-month sentence. The
sentence is not substantively unreasonable in light of the totality of the
circumstances and the 18 U.S.C. § 3553(a) factors, including the appellant’s
criminal history, the seriousness of the offense, and the need for the sentence to
provide deterrence and protect the public. See id.; United States v. Valencia-
Barragan, 608 F.3d 1103, 1108-09 (9th Cir. 2010).
AFFIRMED.
2

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