United States of America v. Jaime Lujan-Salgado

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JAIME LUJAN-SALGADO,
Defendant-Appellant.
No. 17-50376
D.C. No. 3:17-cr-01837-BEN
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted September 12, 2018**
Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges.
Jaime Lujan-Salgado appeals from the district court’s judgment and
challenges the 48-month sentence imposed following his guilty-plea conviction for
attempted reentry of a removed alien, in violation of 8 U.S.C. § 1326. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
* 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
SEP 18 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-50376
Lujan-Salgado contends that the above-Guidelines sentence is substantively
unreasonable because the district court failed to give appropriate weight to recent
Guidelines amendments and to the Guidelines calculation, and betrayed the parties’
expectations. The district court did not abuse its discretion in imposing Lujan-
Salgado’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The record
demonstrates that the district court considered the Guidelines and the parties’
sentencing recommendations. The district court concluded, however, that an
above-Guidelines sentence was necessary to deter Lujan-Salgado from returning
unlawfully and to protect the public. In light of the totality of the circumstances,
including Lujan-Salgado’s extensive immigration and criminal history, and the 18
U.S.C. § 3553(a) sentencing factors, the above-Guidelines sentence is
substantively reasonable. See Gall, 552 U.S. at 51.
AFFIRMED.

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