United States of America v. Julio Galindo-Martinez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JULIO GALINDO-MARTINEZ,
Defendant-Appellant.
No. 17-30099
D.C. No. 2:17-cr-00019-TSZ
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
Thomas S. Zilly, District Judge, Presiding
Submitted April 11, 2018**
Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.
Julio Galindo-Martinez appeals from the district court’s judgment and
challenges the 24-month sentence imposed following his guilty-plea conviction for
illegal reentry after deportation, in violation of 18 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 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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2 17-30099
Galindo-Martinez contends that his above-Guidelines sentence is
substantively unreasonable. He argues that the district court’s upward variance
was improper because it was based on his criminal history, which was already
reflected in the Guidelines calculation.
The district court did not abuse its discretion in imposing Galindo-
Martinez’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The
sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing
factors and the totality of the circumstances, including Galindo-Martinez’s
criminal and immigration history. See Gall, 552 U.S. at 51. Several of Galindo-
Martinez’s prior convictions were too old to be counted in his criminal history
score under the Guidelines. Furthermore, a district court may vary upward based
on factors already incorporated into the Guidelines calculations. See United States
v. Christensen, 732 F.3d 1094, 1100-01 (9th Cir. 2013).
AFFIRMED.

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