United States of America v. UBALDO FRANCO SALAS, Jr.

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NOT FOR PUBLICATION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.
UBALDO FRANCO SALAS, Jr.,
Defendant - Appellant.
No. 11-50088
D.C. No. 2:10-cr-00368-PSG
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Philip S. Gutierrez, District Judge, Presiding
Submitted January 17, 2012**
Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.
Ubaldo Franco Salas, Jr., appeals from the 51-month sentence imposed
following his guilty-plea conviction for being a felon in possession of a firearm, in
FILED
JAN 24 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-50088 2
violation of 18 U.S.C. § 922(g)(1). We have jurisdiction under 28 U.S.C. § 1291,
and we affirm.
Salas first contends that the district court abused its discretion by refusing to
to reduce his criminal history category from category six to category four where
the majority of his convictions stemmed from his problems with substance abuse.
The court did not abuse its discretion in denying the departure where it considered
Salas’ arguments and then imposed a sentence at the lowest end of the Guidelines
range. See United States v. Carter, 560 F.3d 1107, 1117-19 (9th Cir. 2009) (no
abuse of discretion where sentencing judge imposed a within-Guidelines range
sentence after considering defendant’s arguments for a reduced sentence).
Salas next contends that his sentence is substantively unreasonable in view
of his troubled upbringing, the impact his incarceration would have on his family,
and his pre-trial conditions of confinement. In light of the totality of the
circumstances and the 18 U.S.C. § 3553(a) sentencing factors, Salas’ low-end
Guidelines sentence is substantively reasonable. See United States v. Stoterau, 524
F.3d 988, 1001-02 (9th Cir. 2008).
AFFIRMED.

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