United States of America v. Jose Carranza Giles

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSE CARRANZA GILES,
Defendant - Appellant.
No. 12-50607
D.C. No. 3:11-cr-01890-JLS-1
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Janis L. Sammartino, District Judge, Presiding
Submitted September 12, 2013 **
Before: HUG, FARRIS, and LEAVY, Circuit Judges.
Jose Carranza Giles appeals from the district court’s judgment and
challenges the 46-month sentence imposed following his guilty-plea conviction for
conspiracy to import cocaine and methamphetamine, in violation of 21 U.S.C. §§
952, 960, and 963. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
NOV 07 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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The district court did not abuse its discretion in imposing the 46-month
sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The sentence is not
substantively unreasonable in light of the totality of the circumstances and the 18
U.S.C. § 3553(a) factors, including not only Giles’s minimal criminal history and
any threats he experienced, but also the need for the sentence to reflect the
seriousness of the offense and promote respect for the law. See id. at 51.
AFFIRMED.
12-50607 2

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