United States of America v. Emanuel Mejia, a.k.a. Isidro Castillo, a.k.a. Isidro Castillo-Maldonado

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NOT FOR PUBLICATION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.
EMANUEL MEJIA, a.k.a. Isidro Castillo,
a.k.a. Isidro Castillo-Maldonado,
Defendant - Appellant.
No. 12-10485
D.C. No. 2:11-cr-00385-PMP
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Philip M. Pro, District Judge, Presiding
Submitted April 16, 2013**
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
Emanuel Mejia appeals from the district court’s judgment and challenges the
30-month sentence imposed following his guilty-plea conviction for being an
illegal alien in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(5)(A)
FILED
APR 22 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-10485 2
and 924(a)(2). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Mejia contends that his sentence is substantively unreasonable in light of his
low risk of recidivism, his history and characteristics, and because he only had
constructive possession of the firearms. The district court did not abuse its
discretion in imposing Mejia’s sentence. See Gall v. United States, 552 U.S. 38, 51
(2007). The sentence at the bottom of the advisory Guidelines range is
substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and
the totality of the circumstances, including the fact that Mejia’s residence
contained not only guns, but also heroin and drug packaging materials. See 18
U.S.C. § 3553(a); Gall, 552 U.S. at 51.
AFFIRMED.

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