United States of America v. Ramon Cervantes

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RAMON CERVANTES,
Defendant - Appellant.
No. 12-50520
D.C. No. 3:12-cr-03254-LAB-1
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted September 12, 2013**
Before: HUG, FARRIS, and LEAVY, Circuit Judges.
Ramon Cervantes appeals from the district court’s judgment and challenges
the 80-month sentence imposed following his guilty-plea conviction for possession
of methamphetamine with intent to distribute and possession of cocaine with intent
to distribute, in violation of 21 U.S.C. § 841(a).
FILED
NOV 25 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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Cervantes contends that the sentence, which is below 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 80-month
sentence was not substantively unreasonable in light of the 18 U.S.C. § 3553(a)
factors and the totality of the circumstances, including not only Cervantes’s lack of
prior convictions, but also the large quantities of methamphetamine and cocaine
involved in the offense, the fact that Cervantes had imported drugs on four prior
occasions, and the need for the sentence to provide deterrence and promote respect
for the law. See id.
AFFIRMED.

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