United States of America v. Ismael Robles-Perez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ISMAEL ROBLES-PEREZ,
Defendant - Appellant.
No. 12-30330
D.C. No. 3:11-cr-00280-HA
MEMORANDUM*
Appeal from the United States District Court
for the District of Oregon
Ancer L. Haggerty, District Judge, Presiding
Submitted July 30, 2013**
Before: HUG, CANBY, and LEAVY, Circuit Judges.
Ismael Robles-Perez appeals from the district court’s judgment and
challenges the 48-month sentence imposed following his guilty-plea conviction for
illegal reentry, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
FILED
SEP 10 2013
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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Robles-Perez contends that his sentence is substantively unreasonable in
light of his psychological condition. The district court did not abuse its discretion
in imposing Robles-Perez’s sentence. See Gall v. United States, 552 U.S. 38, 51
(2007). The 48-month sentence, well below the uncontested Guidelines range of
77 to 96 months, is substantively reasonable in light of the 18 U.S.C. § 3553(a)
sentencing factors and the totality of the circumstances, including Robles-Lopez’s
extensive criminal history and five prior deportations. See id.
AFFIRMED.
12-30330 2

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