United States of America v. Loreano Gomez-Villa

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
DAT/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LOREANO GOMEZ-VILLA,
Defendant - Appellant.
No. 09-10163
D.C. No. 2:03-CR-00751-JAT
MEMORANDUM *
Appeal from the United States District Court
for the District of Arizona
James A. Teilborg, District Judge, Presiding
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Loreano Gomez-Villa appeals from the 18-month sentence imposed
following the revocation of supervised release. We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
FILED
DEC 16 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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DAT/Research 09-10163 2
Gomez-Villa contends that the district court procedurally erred by, among
other things, imposing an above-Guidelines variance without adequately
considering his mitigation arguments that he had returned to the United States to be
with his children. His contentions are belied by the record. See United States v.
Carty, 520 F.3d 984, 992-93, 996 (9th Cir. 2008) (en banc); see also United States
v. Leonard, 483 F.3d 635, 637 (9th Cir. 2007). In addition, the record reflects that
his sentence is substantively reasonable, under the totality of the circumstances.
See Gall v. United States, 552 U.S. 38, 51-52 (2007).
AFFIRMED.

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