United States of America v. Edgar Bajo-Gonzalez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EDGAR BAJO-GONZALEZ,
Defendant - Appellant.
No. 13-10280
D.C. No. 2:13-cr-00164-GMS
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
G. Murray Snow, District Judge, Presiding
Submitted April 7, 2014**
Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.
Edgar Bajo-Gonzalez appeals from the district court’s judgment and
challenges the 77-month sentence imposed following his guilty-plea conviction for
reentry of a removed alien, in violation of 8 U.S.C. § 1326. We have jurisdiction
FILED
APR 16 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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under 28 U.S.C. § 1291, and we affirm.
Bajo-Gonzalez contends the sentence is substantively unreasonable in light
of the nature of the offense and the amount of time he had already spent in state
custody when he was sentenced for the instant offense. He also argues the 16-level
enhancement to his base offense level overstates the seriousness of his criminal
history. The district court did not abuse its discretion in imposing Bajo-Gonzalez’s
sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The low-end
Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a)
sentencing factors and the totality of the circumstances, including his criminal and
immigration history. See id.
AFFIRMED.
13-10280 2

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