United States of America v. Gregory Anthony Flores, a.k.a. Greg Flores, a.k.a. Gregor A. Flores, a.k.a. Gregory…

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GREGORY ANTHONY FLORES, a.k.a.
Greg Flores, a.k.a. Gregor A. Flores, a.k.a.
Gregory Flores,
Defendant - Appellant.
No. 12-50353
D.C. No. 5:10-cr-00027-VAP
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Virginia A. Phillips, District Judge, Presiding
Submitted March 10, 2014**
Before: PREGERSON, LEAVY, and MURGUIA, Circuit Judges.
Gregory Anthony Flores appeals from the district court’s judgment and
challenges the 144-month sentence imposed following his guilty-plea conviction
for wire fraud conspiracy, in violation of 18 U.S.C. §§ 1343 and 1349; and tax
FILED
MAR 17 2014
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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evasion, in violation of 26 U.S.C. § 7201. We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
Flores contends that his sentence is substantively unreasonable in light of his
age and poor health, and because U.S.S.G. § 2B1.1 lacks proper empirical
foundation. The district court did not abuse its discretion in imposing Flores’s
sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The within-
Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a)
sentencing factors and the totality of the circumstances, including Flores’s offense
conduct. See id. Moreover, the district court was under no obligation to vary from
the Guidelines based on policy considerations. See United States v. Carper, 659
F.3d 923, 925 (9th Cir. 2011).
AFFIRMED.
12-50353 2

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