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UNITED STATES of America, Plaintiff-Appellee, v. Noel Adrian MEDINA-GASTELUM, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2013-05-20No. No. 12-10475
519 F. App'x 455

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Opinion

majority opinion

MEMORANDUM

Noel Adrian Medina-Gastelum appeals from the district court’s judgment and challenges the 71-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.

Medina-Gastelum contends that his sentence is substantively unreasonable in light of his drug addiction and attempts at rehabilitation. The district court did not abuse its discretion in imposing Medina-Gaste-lum’s sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (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 Medina-Gastelum’s history of immigration violations and drug convictions. See id.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.