United States of America v. Jesus Licea-Avalos, a.k.a. J. Jesus Licea-Avalos

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JESUS LICEA-AVALOS, a.k.a. J. Jesus
Licea-Avalos
Defendant - Appellant.
No. 13-10136
D.C. No. 2:12-cr-00172-JAM
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
John A. Mendez, District Judge, Presiding
Submitted January 21, 2014**
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
Jesus Licea-Avalos appeals from the district court’s judgment and
challenges the 89-month sentence imposed following his guilty-plea conviction for
being a deported alien found in the United States, in violation of 8 U.S.C.
FILED
JAN 24 2014
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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§ 1326(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Licea-Avalos contends that his sentence is substantially unreasonable
because his reason for reentering the United States was to protect the safety and
welfare of his daughter. The district court did not abuse its discretion in imposing
Licea-Avalos’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The
within-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. §
3553(a) sentencing factors and the totality of the circumstances, including Licea-
Avalos’s criminal history and the need for deterrence and protection of the public.
See id.
AFFIRMED.
13-10136 2

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