United States of America v. Gerly Alvarez

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NOT FOR PUBLICATION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.
GERLY ALVAREZ,
Defendant - Appellant.
No. 12-10574
D.C. No. 2:12-cr-00074-LRH
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Larry R. Hicks, District Judge, Presiding
Submitted July 24, 2013**
Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
Gerly Alvarez appeals from the district court’s judgment and challenges the
51-month sentence imposed following his guilty-plea conviction for being a
deported alien found unlawfully 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
AUG 01 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

12-10574 2
Alvarez contends that the district court imposed a substantively
unreasonable sentence in light of his mitigating factors, namely his troubled youth,
strides towards rehabilitation, and the minor nature and age of his prior
convictions. The district court did not abuse its discretion in imposing Alvarez’s
sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The sentence at the
bottom 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 the
fact that Alvarez’s offense involved an attempt to smuggle illegal aliens across the
border. See id.
AFFIRMED.

-- 2 of 2 --