United States of America v. Noel Adrian Medina-Gastelum

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NOT FOR PUBLICATION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.
NOEL ADRIAN MEDINA-GASTELUM,
Defendant - Appellant.
No. 12-10475
D.C. No. 2:11-cr-00227-JCM
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
James C. Mahan, District Judge, Presiding
Submitted May 14, 2013**
Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges.
Noel Adrian Medina-Gastelum appeals from the district court’s judgment
and challenges the 71-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. § 1291, and
FILED
MAY 20 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-10475 2
we affirm.
Medina-Gastelum contends that his sentence is substantively unreasonable
in light of his drug addiction and attempts at rehabilitation. The district court did
not abuse its discretion in imposing Medina-Gastelum’s sentence. See Gall v.
United States, 552 U.S. 38, 51 (2007). The sentence is substantively reasonable in
light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the
circumstances, including Medina-Gastelum’s history of immigration violations and
drug convictions. See id.
AFFIRMED.

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