United States of America v. Daniel Carreon-Ortiz

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DANIEL CARREON-ORTIZ,
Defendant - Appellant.
No. 14-50532
D.C. No. 3:14-cr-02521-LAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted May 13, 2015**
Before: LEAVY, CALLAHAN, and M. SMITH, Circuit Judges.
Daniel Carreon-Ortiz appeals from the district court’s judgment and
challenges the 12-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
MAY 18 2015
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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Carreon-Ortiz contends that his sentence is substantively unreasonable
because the district court (i) granted a two-level rather than a four-level fast-track
departure, which resulted in an unwarranted sentencing disparity; and (ii)
considered him to be a danger to the public despite his success in battling
alcoholism. The district court did not abuse its discretion in imposing Carreon-
Ortiz’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The sentence
at the top 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
Carreon-Ortiz’s extensive immigration history and the need for deterrence. See
Gall, 552 U.S. at 51.
AFFIRMED.
14-50532 2

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