United States of America v. Martin Omar Ramirez- Bustamante, a.k.a. Martin Omar Ramirez, a.k.a. Mario…

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARTIN OMAR RAMIREZ-
BUSTAMANTE, a.k.a. Martin Omar
Ramirez, a.k.a. Mario Rodriguez-Vasquez,
Defendant - Appellant.
Nos. 15-10148
Nos. 15-10149
D.C. Nos. 4:14-cr-01348-CKJ
4:11-cr-03921-CKJ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted March 15, 2016**
Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
In these consolidated appeals, Martin Omar Ramirez-Bustamante appeals the
24-month sentence imposed following his guilty-plea conviction for reentry of a
removed alien, in violation of 8 U.S.C. § 1326, and the 21-month partially
FILED
MAR 21 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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consecutive sentence imposed upon revocation of supervised release. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Ramirez-Bustamante contends that the district court erred by imposing the
sentences to run partially consecutive, rather than fully concurrent. He argues that
the aggregate 36-month sentence is substantively unreasonable in light of his age,
military service, and reasons for reentering the United States. The district court did
not abuse its discretion in imposing Ramirez-Bustamante’s sentence. See Gall v.
United States, 552 U.S. 38, 51 (2007). The aggregate sentence is substantively
reasonable in light of the relevant 18 U.S.C. § 3553(a) sentencing factors and the
totality of the circumstances, including Ramirez-Bustamante’s criminal and
immigration history. See Gall, 552 U.S. at 51; United States v. Simtob, 485 F.3d
1058, 1062-63 (9th Cir. 2007); see also U.S.S.G. § 7B1.3(f) (recommending that a
revocation sentence run consecutively to any other term of imprisonment).
AFFIRMED.
15-10148 & 15-10149 2

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