United States of America v. ISIDRO VEGA CARMONA, Isidro Vega- Carmona

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ISIDRO VEGA CARMONA, Isidro Vega-
Carmona,
Defendant - Appellant.
No. 23-1232
D.C. No. 1:22-cr-00126-SPW-TJC-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, District Judge, Presiding
Submitted March 26, 2024**
Before: TASHIMA, SILVERMAN, and KOH, Circuit Judges.
Isidro Vega Carmona appeals from the district court’s judgment and
challenges the 168-month sentence imposed following his guilty-plea conviction
for conspiracy to possess with intent to distribute and possession with intent to
* 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
APR 4 2024
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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distribute methamphetamine, and aiding and abetting, in violation of 21 U.S.C.
§§ 841(a)(1) and 846, and 18 U.S.C. § 2. We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
Carmona contends that the sentence is substantively unreasonable given his
lack of criminal history, tragic personal background, and the aberrant nature of his
conduct. We review for abuse of discretion. See Gall v. United States, 552 U.S.
38, 51 (2007). The record reflects that the district court considered Carmona’s
background and “heartbreaking” childhood, but concluded that the substantial
amount of drugs involved in the offense warranted a low-end Guideline sentence.
Contrary to Carmona’s argument, the court acted within its discretion in weighing
these considerations. See United States v. Gutierrez-Sanchez, 587 F.3d 904, 908
(9th Cir. 2009) (“The weight to be given the various factors in a particular case is
for the discretion of the district court.”). The 168-month sentence is substantively
reasonable under the 18 U.S.C. § 3553(a) factors and the totality of the
circumstances. See Gall, 552 U.S. at 51.
AFFIRMED.

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