United States of America v. Manuel Isaguires-Varela

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MANUEL ISAGUIRES-VARELA,
Defendant - Appellant.
No. 10-50587
D.C. No. 3:10-cr-03535-LAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted October 25, 2011**
Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.
Manuel Isaguires-Varela appeals from the 42-month sentence imposed
following his guilty-plea conviction for being a deported alien found in the United
States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
FILED
OCT 27 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-50587 2
Isaguires-Varela contends that the district court procedurally erred by using
his two prior sentences for § 1326 convictions as a benchmark in fashioning the
instant sentence, and by focusing exclusively on deterrence to the exclusion of
other relevant sentencing factors. The record reflects that the district court used the
advisory Guidelines range as the starting point and initial benchmark, before
determining that a variance above the applicable Guidelines range was appropriate
after consideration of several 18 U.S.C. § 3553(a) sentencing factors. The district
court did not procedurally err, and the sentence is substantively reasonable under
the totality of the circumstances and in light of the sentencing factors set forth in
18 U.S.C. § 3553(a). See Gall v. United States, 552 U.S. 38, 49-51 (2007); see
also United States v. Carty, 520 F.3d 992-993 (9th Cir. 2008) (en banc).
AFFIRMED.

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