United States of America v. RODOLFO PARTIDA-DeREAL

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RODOLFO PARTIDA-DeREAL,
Defendant - Appellant.
No. 13-30089
D.C. No. 3:12-cr-00593-MA
MEMORANDUM*
Appeal from the United States District Court
for the District of Oregon
Malcolm F. Marsh, District Judge, Presiding
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Rodolfo Partida-DeReal appeals from the district court’s judgment and
challenges the 32-month sentence imposed following his guilty-plea conviction for
illegal reentry, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
FILED
JAN 03 2014
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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Partida-DeReal contends that his sentence is substantively unreasonable
because the district court placed too much emphasis on deterrence and failed to
adequately account for his history and characteristics. The district court did not
abuse its discretion in imposing Partida-DeReal’s sentence. See Gall v. United
States, 552 U.S. 38, 51 (2007). The court varied downward to account for the age
of Partida-DeReal’s prior conviction. The sentence 14 months below the low end
of the Guidelines range is substantively reasonable in light of the 18 U.S.C.
§ 3553(a) sentencing factors and the totality of the circumstances, including
Partida-DeReal’s criminal and immigration history. See id.
AFFIRMED.
13-30089 2

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