United States of America v. Reyes Flores, a.k.a Night Owl

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
REYES FLORES, a.k.a Night Owl,
Defendant-Appellant.
No. 15-50499
D.C. No. 3:14-cr-00149-BEN
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
Reyes Flores appeals from the district court’s judgment and challenges the
188-month sentence imposed following his guilty-plea convictions for conspiracy
to interfere with commerce by robbery, in violation of 18 U.S.C. § 1951, and
FILED
DEC 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 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).

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conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1)
and 846. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Flores contends that the district court procedurally erred by failing to
address his sentencing arguments. We review for plain error, see United States v.
Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and hold that there is
none. The record reflects that the district court considered Flores’s arguments and
sufficiently explained its reasons for the low-end sentence. See United States v.
Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc).
Flores next contends that his sentence is substantively unreasonable. The
district court did not abuse its discretion in imposing Flores’s sentence. See Gall v.
United States, 552 U.S. 38, 51 (2007). The low-end sentence is substantively
reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of
the circumstances, including Flores’s criminal history and the aggravating
circumstances of the robbery. See Gall, 552 U.S. at 51.
AFFIRMED.
15-50499 2

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