United States of America v. Lauro Aguilar-Canche

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).
AK/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LAURO AGUILAR-CANCHE,
Defendant - Appellant.
Nos. 08-30350 & 08-30351
D.C. Nos. 3:06-cr-05351-RBL
2:08-cr-00130-RBL
MEMORANDUM *
Appeal from the United States District Court
for the Western District of Washington
Ronald B. Leighton, District Judge, Presiding
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
In these consolidated appeals, Lauro Aguilar-Canche appeals from the 60-
month sentence and the 120-month consecutive sentence imposed following his
FILED
JAN 11 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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AK/Research 08-30350 & 08-30351 2
guilty-plea conviction for various drug offenses, in violation of 21 U.S.C.
§ 841(a)(1), (b)(1)(A), and (b)(1)(B). We have jurisdiction pursuant to 28 U.S.C.
§ 1291, and we affirm.
Aguilar-Canche contends that the district court erred by placing undue
emphasis on his alleged involvement in a tobacco smuggling scheme while he was
detained pretrial, and on the fact that he committed the second offense while on
pretrial release for the first offense. The district court conducted a well-reasoned
and balanced analysis of the 18 U.S.C. § 3553(a) sentencing factors, and the
sentence imposed is substantively reasonable. United States v. Carty, 520 F.3d
984, 991-93 (9th Cir. 2008) (en banc).
Counsel’s motion to withdraw is denied.
AFFIRMED.

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