United States of America v. Grosbin Martinez-George

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GROSBIN MARTINEZ-GEORGE,
Defendant - Appellant.
No. 14-50429
D.C. No. 3:14-cr-00843-LAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted December 9, 2015**
Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.
Grosbin Martinez-George appeals from the district court’s judgment and
challenges the 36-month sentence imposed following his guilty-plea conviction for
being a removed alien found in the United States, in violation of 8 U.S.C. § 1326.
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
DEC 16 2015
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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Martinez-George argues that his sentence is substantively unreasonable in
light of his alleged cultural assimilation, the disparity that resulted from the district
court’s denial of the fast-track departure under U.S.S.G. § 5K3.1, the court’s
imposition of supervised release, and the fact that he will be subject to deportation
after his release from custody. The district court did not abuse its discretion in
imposing Martinez-George’s sentence. See Gall v. United States, 552 U.S. 38, 51
(2007). The sentence is substantively reasonable in light of the 18 U.S.C.
§ 3553(a) sentencing factors and the totality of the circumstances, including
Martinez-George’s criminal and immigration history and the 28-month sentence
imposed on his prior conviction for illegal reentry. See Gall, 552 U.S. at 51.
AFFIRMED.
14-50429 2

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