United States of America v. Cristobal Calo-Dubon

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CRISTOBAL CALO-DUBON,
Defendant - Appellant.
No. 14-10211
D.C. No. 2:13-cr-00378-GMN
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Gloria M. Navarro, Chief Judge, Presiding
Submitted March 10, 2015**
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.
Cristobal Calo-Dubon appeals from the district court’s judgment and challenges
the 46-month sentence imposed following his guilty-plea conviction for being a
deported alien found unlawfully in the United States, in violation of 8 U.S.C.
§ 1326. 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 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).
FILED
MAR 18 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-10211
Calo-Dubon challenges the district court’s sentence as substantively
unreasonable, arguing that the district court failed to give sufficient weight to his
personal history and characteristics when deciding whether to vary downward.
The district court did not abuse its discretion in imposing Calo-Dubon’s sentence.
See Gall v. United States, 552 U.S. 38, 51 (2007). The low-end Guidelines
sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing
factors and the totality of the circumstances. See Gall, 552 U.S. at 51.
AFFIRMED.

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