United States of America v. Cruz Flechita Ramon Soto

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
CRUZ FLECHITA RAMON SOTO,
Defendant-Appellant.
No. 16-30236
D.C. No. 2:15-cr-0268-BLW
MEMORANDUM*
Appeal from the United States District Court
for the District of Idaho
B. Lynn Winmill, Chief Judge, Presiding
Submitted September 26, 2017 **
Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
Cruz Flechita Ramon Soto appeals from the district court’s judgment and
challenges the 180-month sentence imposed following his guilty-plea convictions
for assault resulting in serious bodily injury committed within Indian Country, in
violation of 18 U.S.C. §§ 113(a)(6) and 1153, and using a firearm during and in
relation to a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A). We have
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
OCT 2 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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jurisdiction under 28 U.S.C. § 1291, and we affirm.
For the first time on appeal, Soto contends that the district court failed to
address adequately the nature and circumstances of the offense, and his history and
characteristics. The court did not plainly err. See United States v. Valencia-
Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010). The record reflects that the court
considered Soto’s arguments and concluded that, notwithstanding the mitigating
circumstances cited by Soto, an upward variance was warranted under the 18
U.S.C. § 3553(a) sentencing factors.
Soto next contends that his sentence is substantively unreasonable. The
district court did not abuse its discretion. See Gall v. United States, 552 U.S. 38,
51 (2007). The above-Guidelines sentence is substantively reasonable in light of
the section 3553(a) sentencing factors and the totality of the circumstances,
including Soto’s criminal history and the victim’s permanent, debilitating injury.
See Gall, 552 U.S. at 51.
AFFIRMED.

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