United States of America v. Isrrael Paramo-Villasana, a.k.a. Israel Villasana-Paramo, a.k.a. Isrrael…

13-10161Court of Appeals for the Ninth Circuit21 mai 2014

Texte intégral

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ISRRAEL PARAMO-VILLASANA,
a.k.a. Israel Villasana-Paramo, a.k.a.
Isrrael Villasana-Paramo,
Defendant - Appellant.
No. 13-10161
D.C. No. 4:11-cr-03496-CKJ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted May 13, 2014**
Before: CLIFTON, BEA, and WATFORD, Circuit Judges.
Isrrael Paramo-Villasana appeals his jury-trial conviction and 46-month
sentence for reentry after deportation, in violation of 8 U.S.C. § 1326. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
MAY 21 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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Paramo-Villasana contends that the district court erred by denying his
motion to suppress his identity, which he disclosed during a traffic stop, because he
had reason to believe that he was not free to leave during the stop. We review the
denial of a motion to suppress de novo. See United States v. Del Toro Gudino, 376
F.3d 997, 998 (9th Cir. 2004). We decline to reach the issue of whether Paramo-
Villasana’s encounter with law enforcement violated the Fourth Amendment
because, even assuming a violation, Paramo-Villasana’s identity cannot be
suppressed. See id. at 1000-01.
Paramo-Villasana also contends that his sentence is substantively
unreasonable. We review for abuse of discretion, see Gall v. United States, 552
U.S. 38, 51 (2007), and find none. 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 Paramo-Villasana’s criminal history. See id.
AFFIRMED.
13-10161 2

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