United States of America v. Gonzalo Serrano-Villalobos

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GONZALO SERRANO-VILLALOBOS,
Defendant - Appellant.
No. 12-10653
D.C. No. 2:10-cr-00055-KJM
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Kimberly J. Mueller, District Judge, Presiding
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Gonzalo Serrano-Villalobos appeals from the district court’s judgment and
challenges the 180-month sentence imposed following his guilty-plea conviction
for multiple drug offenses in violation of 21 U.S.C. §§ 841(a) and 846. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
DEC 18 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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Serrano-Villalobos contends that his sentence is substantively unreasonable
because the district court failed to grant a departure on the ground that his criminal
history category was overstated. The district court did not abuse its discretion in
imposing Serrano-Villalobos’s sentence. See Gall v. United States, 552 U.S. 38,
51 (2007). The below-Guidelines sentence is substantively reasonable in light of
the 18 U.S.C. § 3553(a) sentencing factors and the totality of circumstances,
including the offense conduct. See id.
AFFIRMED.
12-10653 2

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