United States of America v. Carlos Estrella Cambranis, a.k.a. Carlos Estrella, a.k.a. Carlos Estrella- Cambranis

17-10387Court of Appeals for the Ninth CircuitApr 13, 2018

Full text

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
CARLOS ESTRELLA CAMBRANIS, a.k.a.
Carlos Estrella, a.k.a. Carlos Estrella-
Cambranis,
Defendant-Appellant.
Nos. 17-10387
17-10388
D.C. Nos. 4:16-cr-00243-JSW
4:13-cr-00146-JSW
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Jeffrey S. White, District Judge, Presiding
Submitted April 11, 2018**
Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.
In these consolidated appeals, Carlos Estrella Cambranis appeals the 50-
month sentence imposed following his guilty-plea conviction for illegal reentry
following deportation, in violation of 8 U.S.C. § 1326, and the 12-month
* 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
APR 13 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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consecutive sentence imposed upon revocation of supervised release. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Cambranis contends that the 62-month sentence is substantively
unreasonable because his mitigating arguments concerning his history and
background, his reasons for returning to the United States, and his law-abiding
behavior after his return warranted a lower sentence. The district court did not
abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The
sentence imposed is substantively reasonable in light of the 18 U.S.C. § 3553(a)
sentencing factors and the totality of the circumstances, including the need to deter.
See Gall, 552 U.S. at 51.
Moreover, the court properly exercised its discretion to impose consecutive
terms in light of Cambranis’s breach of the court’s trust. See U.S.S.G. § 7B1.3(f);
United States v. Simtob, 485 F.3d 1058, 1063 (9th Cir. 2007).
AFFIRMED.

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