United States of America v. Jose Parra-Tejeda, a.k.a. Jose Parra- Tejada

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSE PARRA-TEJEDA, a.k.a. Jose Parra-
Tejada,
Defendant - Appellant.
No. 15-30134
D.C. No. 2:14-cr-00112-TOR
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Thomas O. Rice, Chief Judge, Presiding
Submitted June 14, 2016**
Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges.
Jose Parra-Tejeda appeals from the district court’s judgment and challenges
the 33-month sentence imposed following his guilty-plea conviction for being an
FILED
JUN 20 2016
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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alien in the United States after deportation, in violation of 8 U.S.C. § 1326. We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Parra-Tejeda contends that his sentence is substantively unreasonable in
light of the mitigating factors and the 12-level enhancement he received under
U.S.S.G. § 2L1.2(b)(1)(A). The district court did not abuse its discretion in
imposing Parra-Tejeda’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 Parra-Tejeda’s criminal history and his failure to be deterred by a prior
33-month sentence for the same offense. See Gall, 552 U.S. at 51; see also United
States v. Ruiz-Chairez, 493 F.3d 1089, 1091 (9th Cir. 2007) (rejecting empirical
challenge to section 2L1.2(b)(1)(A)). Moreover, contrary to Parra-Tejeda’s
contention, the record reflects that the district court considered his arguments for a
lower sentence. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en
banc).
AFFIRMED.
15-30134 2

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