United States of America v. Ernesto Erding, a.k.a. Ernie

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ERNESTO ERDING, a.k.a. Ernie,
Defendant-Appellant.
No. 17-50059
D.C. No. 3:14-cr-03594-BEN
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted October 22, 2018**
Before: SILVERMAN, GRABER, and GOULD, Circuit Judges
Ernesto Erding appeals from the district court’s judgment and challenges the
151-month sentence imposed following his guilty-plea conviction for conspiracy to
distribute a controlled substance in violation of 21 U.S.C. §§ 841(a)(1) and 846.
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
* 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).
FILED
OCT 29 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-50059
Erding contends that his sentence is substantively unreasonable. The district
court did not abuse its discretion when it imposed Erding’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 Erding’s aggravated role in the
methamphetamine operation and the need to avoid sentencing disparities. See
Gall, 552 U.S. at 51.
AFFIRMED.

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