United States of America v. Hermilo Gutierrez-Farias

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
HERMILO GUTIERREZ-FARIAS,
Defendant - Appellant.
Nos. 14-10086
14-10087
D.C. Nos. 4:12-cr-00482-JGZ
4:13-cr-01104-JGZ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Jennifer G. Zipps, District Judge, Presiding
Submitted February 17, 2015**
Before: O’SCANNLAIN, LEAVY, and FERNANDEZ, Circuit Judges.
In these consolidated appeals, Hermilo Gutierrez-Farias appeals the 37-month
sentence imposed following his guilty-plea conviction for reentry after deportation,
in violation of 8 U.S.C. § 1326, and the four-month consecutive sentence imposed
upon revocation of supervised release. We have jurisdiction under 28
* 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).
FILED
FEB 24 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-10086 & 14-10087
U.S.C. § 1291, and we affirm.
Gutierrez-Farias contends that the district court erred by failing to consider
adequately his request for a downward variance under 18 U.S.C. § 3553(a)(6). We
review for plain error, see United States v. Rangel, 697 F.3d 795, 805 (9th Cir.
2012), and find none. The record reflects that the district court considered the need
to avoid unwarranted sentencing disparities and sufficiently explained the sentence.
See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc).
AFFIRMED.

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