United States of America v. Efrain Alvarado-Gutierrez, a.k.a. Chibo, a.k.a. Efrain Gutierrez Alvarado

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EFRAIN ALVARADO-GUTIERREZ,
a.k.a. Chibo, a.k.a. Efrain Gutierrez
Alvarado,
Defendant - Appellant.
No. 15-50159
D.C. No. 3:15-cr-07030-LAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted January 20, 2016**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Efrain Alvarado-Gutierrez appeals from the district court’s judgment and
challenges the 12-month custodial sentence and two-year term of supervised
release imposed upon revocation of supervised release. We have jurisdiction under
FILED
JAN 26 2016
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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28 U.S.C. § 1291, and we affirm.
Alvarado-Gutierrez contends that the district court procedurally erred by
failing to provide a reasoned basis for exercising its discretion under Kimbrough v.
United States, 552 U.S. 85 (2007), to reject U.S.S.G. § 5D1.1(c). His reliance on
Kimbrough is misplaced. While section 5D1.1(c) states that a district court should
not ordinarily impose a term of supervised release if the defendant is a deportable
alien, it also provides that supervised release may be appropriate in such cases if it
will provide an added measure of deterrence. See U.S.S.G. § 5D1.1 cmt. n.5. The
district court’s decision to impose supervised release on the basis of its finding that
doing so would provide an added measure of deterrence in Alvarado-Gutierrez’s
case was, therefore, consistent with the Guidelines.
Alvarado-Gutierrez also contends that the 12-month custodial sentence and
two-year term of supervised release are substantively unreasonable. The district
court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51
(2007). The within-Guidelines custodial sentence and term of supervised release
are substantively reasonable in light of the 18 U.S.C. § 3583(e) sentencing factors
and the totality of the circumstances, including the need to afford adequate
deterrence. See Gall, 552 U.S. at 51; United States v. Valdavinos-Torres, 704 F.3d
679, 692-93 (9th Cir. 2012).
AFFIRMED.
15-50159 2

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