United States of America v. Samuel Navarrette-Aguilar, a.k.a. Guayabo

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
SAMUEL NAVARRETTE-AGUILAR,
a.k.a. Guayabo,
Defendant-Appellant.
No. 16-30104
D.C. No. 3:12-cr-00373-HZ
MEMORANDUM*
Appeal from the United States District Court
for the District of Oregon
Marco A. Hernandez, District Judge, Presiding
Submitted July 11, 2017**
Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges.
Samuel Navarrette-Aguilar appeals from the district court’s judgment and
challenges the 168-month concurrent sentences imposed upon remand for
resentencing following his convictions for heroin trafficking conspiracy,
distribution of heroin, and possession with intent to distribute heroin, in violation
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JUL 17 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-30104
of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
Navarrette-Aguilar contends that his sentence is substantively unreasonable.
The court did not abuse its discretion in imposing Navarrette-Aguilar’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 Navarrette-Aguilar’s criminal
history and the nature of the offense. See Gall, 552 U.S. at 51; see also United
States v. Carter, 560 F.3d 1107, 1121 (9th Cir. 2009) (sentencing disparities are
not unwarranted where defendant and his co-conspirators are not similarly
situated).
AFFIRMED.

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