United States of America v. Miguel Deloa

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MIGUEL DELOA,
Defendant - Appellant.
No. 14-10120
D.C. No. 2:13-cr-00347-LDG
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Lloyd D. George, District Judge, Presiding
Submitted March 10, 2015**
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.
Miguel Deloa appeals from the district court’s judgment and challenges the
50-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 we affirm.
FILED
MAR 17 2015
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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Deloa contends that his sentence is substantively unreasonable in light of his
cultural assimilation and other mitigating factors. The district court did not abuse
its discretion in imposing Deloa’s sentence. See Gall v. United States, 552 U.S. 38,
51 (2007). The 50-month sentence, at the middle of the Guidelines range, is
substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and
the totality of the circumstances, including Deloa’s criminal history and three prior
deportations. See U.S.S.G. § 2L1.2 cmt. n.9; Gall, 552 U.S. at 51.
AFFIRMED.
14-10120 2

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