United States of America v. Adalix Lorenzo-Macial

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ADALIX LORENZO-MACIAL,
Defendant - Appellant.
No. 08-10046
D.C. No. CR-07-01332-DCB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted April 5, 2010**
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
Adalix Lorenzo-Macial appeals from the 46-month sentence imposed
following his guilty-plea conviction for illegal reentry after deportation, in
FILED
APR 15 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-10046 2
violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C.
§ 1291, and we affirm.
Lorenzo-Macial contends that the district court erred at sentencing by:
(1) misconstruing its authority to vary from the Guidelines range in the absence of
extraordinary circumstances; (2) failing to consider his mitigating circumstances;
and (3) declining to impose a lower sentence in order to achieve parity with fast-
track defendants. The record indicates that the district court did not procedurally
err. See United States v. Carty, 520 F.3d 984, 994-96 (9th Cir. 2008) (en banc);
see also United States v. Gonzalez-Zotelo, 556 F.3d 736, 739-40 (9th Cir. 2009).
Lorenzo-Macial also contends that his sentence is substantively
unreasonable in light of his mitigating personal circumstances and the age of a
prior conviction that was the basis for a 16-level enhancement, pursuant to
U.S.S.G. § 2L1.2(b)(1)(A)(ii). The sentence imposed is substantively reasonable
in light of the totality of the circumstances. See Gall v. United States, 552 U.S. 38,
51-52 (2007); cf. United States v. Amezcua-Vasquez, 567 F.3d 1050, 1055-56 (9th
Cir. 2009).
AFFIRMED.

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