United States of America v. Martin Celestino Morales- Gumecindo, a.k.a. Martin Celestino- Gomesindo, a.k.a.…

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MARTIN CELESTINO MORALES-
GUMECINDO, a.k.a. Martin Celestino-
Gomesindo, a.k.a. Martin Celestino
Gomesindo Morales, a.k.a. Martin
Morales-Gumecindo,
Defendant-Appellant.
No. 16-10034
D.C. No. 4:15-cr-00790-CKJ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
Martin Celestino Morales-Gumecindo appeals from the district court’s
judgment and challenges the 41-month sentence imposed following his guilty-plea
FILED
DEC 21 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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conviction for reentry of a removed alien, in violation of 8 U.S.C. § 1326. We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Morales-Gumecindo contends that the district court procedurally erred by
failing to consider the proposed amendments to U.S.S.G. § 2L1.2 at sentencing.
This claim fails. See United States v. Ruiz-Apolonio, 657 F.3d 907, 917 (9th Cir.
2011) ([“W]here an amendment has been promulgated but has not yet been
adopted, district courts are not required to consider that amendment in the § 3553
analysis . . .”).
Morales-Gumecindo next argues that his sentence is substantively
unreasonable. He contends that the 16-level enhancement he received for his prior
offense resulted in a Guidelines range that was unreasonable. The court did not
abuse its discretion in sentencing Morales-Gumecindo. See Gall v. United States,
552 U.S. 38, 51 (2007). The within-Guidelines sentence is substantively
reasonable in light of the section 3553(a) sentencing factors and the totality of the
circumstances, including Morales-Gumecindo’s criminal history. See Gall, 552
U.S. at 51.
AFFIRMED.
16-10034 2

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