United States of America v. Sebastian Quinto-Partido

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SEBASTIAN QUINTO-PARTIDO,
Defendant - Appellant.
No. 15-10065
D.C. No. 2:14-cr-00171-JAD
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Jennifer A. Dorsey, District Judge, Presiding
Submitted November 18, 2015**
Before: TASHIMA, OWENS, and FRIEDLAND, Circuit Judges.
Sebastian Quinto-Partido appeals from the district court’s judgment and
challenges the 30-month custodial sentence and three-year term of supervised
release imposed following his guilty-plea conviction for being a deported alien
found in unlawfully the United States, in violation of 8 U.S.C. § 1326. We have
* 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).
FILED
NOV 23 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 15-10065
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Quinto-Partido contends that the custodial sentence and three-year term of
supervised release are substantively unreasonable. The district court did not abuse
its discretion in imposing Quinto-Partido’s sentence. See Gall v. United States,
552 U.S. 38, 51 (2007). The low-end custodial sentence and term of supervised
release are substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing
factors and the totality of the circumstances, including Quinto-Partido’s extensive
immigration history and the need for adequate deterrence. See U.S.S.G.
§ 5D1.1 cmt. n.5 (supervised release term for a deportable alien is appropriate if it
would provide added measure of deterrence); Gall, 552 U.S. at 51.
AFFIRMED.

-- 2 of 2 --