United States of America v. Alberto Pina

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ALBERTO PINA,
Defendant - Appellant.
No. 10-50404
D.C. No. 2:99-cr-01274-RSWL
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Ronald S.W. Lew, District Judge, Presiding
Submitted October 25, 2011**
Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.
Alberto Pina appeals from the 360-month sentence imposed following his
convictions for Racketeer Influenced and Corrupt Organizations conspiracy under
18 U.S.C. § 1962(d), and being a felon in possession of a firearm under 18 U.S.C.
§ 922(g)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
OCT 28 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-50404 2
Pina contends that his sentence is substantively unreasonable. Given the
district court’s factual findings, Pina’s low-end Guidelines sentence is reasonable
in light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing
factors. See Gall v. United States, 552 U.S. 38, 51 (2007); United States v.
Stoterau, 524 F.3d 988, 997 (9th Cir. 2008); U.S.S.G. § 1B1.3(a)(1)(B).
AFFIRMED.

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