United States v. 2020-04-15 | 19-50193 | USA V. PABLO ZAMORANO-MUNOZ | nonprecedential | memorandum disposition |

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

PABLO ZAMORANO-MUNOZ,

Defendant-Appellant.

No. 19-50193

D.C. No. 3:18-cr-05183-DMS-1

MEMORANDUM
*

Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding

Submitted April 7, 2020
**

Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges.

Pablo Zamorano-Munoz appeals from the district court’s judgment and
challenges his 24-month sentence imposed following his guilty-plea conviction for
attempted reentry of a removed alien, in violation of 8 U.S.C. § 1326. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.

*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.

**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED

APR 15 2020

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

2 19-50193
Zamorano-Munoz contends that his above-Guidelines sentence is
substantively unreasonable because (1) his prior convictions were already taken
into consideration in the calculation of his Guidelines range, and (2) the upward
variance created rather than avoided a sentencing disparity. The district court did
not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007).
Contrary to Zamorano-Munoz’s contentions, the above-Guidelines sentence is
substantively reasonable in light of the 18 U.S.C. § 3553(a) factors and the totality
of the circumstances, including Zamorano-Munoz’s criminal and immigration
history and the need to provide adequate deterrence. See Gall, 552 U.S. at 51.
AFFIRMED.