United States of America v. Gilbert Rushford

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NOT FOR PUBLICATION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.
GILBERT RUSHFORD,
Defendant - Appellant.
No. 11-10660
D.C. No. 2:11-cr-00123-KJD
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Kent J. Dawson, District Judge, Presiding
Submitted August 8, 2012**
Before: ALARCÓN, BERZON, and IKUTA, Circuit Judges.
Gilbert Rushford appeals from the 57-month sentence imposed following his
guilty-plea conviction for being a deported alien found unlawfully in the United
States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C.
FILED
AUG 13 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10660 2
§ 1291, and we affirm.
Rushford contends that his sentence is substantively unreasonable because
the district court gave insufficient weight to his long-term drug addiction. In light
of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors,
the sentence at the bottom of the Guidelines range is substantively reasonable. See
Gall v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.

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