United States of America v. Francisco Galaz-Chaparro

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FRANCISCO GALAZ-CHAPARRO,
Defendant - Appellant.
No. 12-10145
D.C. No. 4:11-cr-03595-CKJ-
CRP-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted September 10, 2012**
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Francisco Galaz-Chaparro appeals from the 63–month sentence imposed
following his guilty-plea conviction for illegal re-entry after deportation, in
FILED
SEP 14 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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Galaz-Chaparro’s motion, filed on August 21, 2012, requesting an1
extension of time to file his reply brief is granted. The reply brief received on
August 21, 2012, is deemed filed.
violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and
we affirm.
Galaz-Chaparro contends that his sentence is substantively unreasonable in
light of his personal situation, his unique characteristics, and the true nature of his
non-violent criminal history. The record reflects that under the totality of the
circumstances, including Chaparro’s most recent re-entry only four months after
his last deportation, the sentence within the Guidelines range is not substantively
unreasonable. See 18 U.S.C. § 3553(a); Gall v. United States, 552 U.S. 38, 51
(2007).1
AFFIRMED.

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