United States of America v. Juan Heredia-Pantaleon

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JUAN HEREDIA-PANTALEON,
Defendant - Appellant.
No. 13-50058
D.C. No. 3:12-cr-04207-W
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Thomas J. Whelan, District Judge, Presiding
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Juan Heredia-Pantaleon appeals from the district court’s judgment and
challenges the 18-month sentence imposed following his guilty-plea conviction for
being a removed 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
DEC 30 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Heredia-Pantaleon contends that his within-Guidelines sentence is
substantively unreasonable in light of his personal characteristics, cultural ties to
the United States, and criminal history. The district court did not abuse its
discretion in imposing Heredia-Pantaleon’s sentence. See Gall v. United States,
552 U.S. 38, 51 (2007). The sentence is substantively reasonable in light of the 18
U.S.C. § 3553(a) sentencing factors and the totality of the circumstances. See id.
AFFIRMED.
13-50058 2

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