United States of America v. Hector Alberto Beyris

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
HECTOR ALBERTO BEYRIS,
Defendant - Appellant.
No. 12-50583
D.C. No. 3:12-cr-03247-BEN
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted October 15, 2013**
Before: FISHER, GOULD, and BYBEE, Circuit Judges.
Hector Alberto Beyris appeals from the district court’s judgment and
challenges the 21-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.
FILED
OCT 25 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Beyris contends that his sentence is substantively unreasonable because the
circumstances of his case do not justify a 32% variance above the advisory
Guidelines range. The district court did not abuse its discretion in imposing
Beyris’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 Beyris’s willingness to reoffend
despite his eight prior removals and two prior sentences for felony immigration
offenses. See id.
AFFIRMED.
12-50583 2

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