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United States v. Samuel Navarrette-Aguilar
693 F. App'x 703
| 9th Cir. | 2017
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*1 Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges.

Samuel Navarrette-Aguilar appeals from the district court’s judgment and challenges the 168-month concurrent sentences imposed upon remand for resentencing following his convictions for heroin trafficking conspiracy, distribution of heroin, and possession with intent to distribute heroin, in violation *2 of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Navarrette-Aguilar contends that his sentence is substantively unreasonable. The court did not abuse its discretion in imposing Navarrette-Aguilar’s sentence. See Gall v. United States , 552 U.S. 38, 51 (2007). The within-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Navarrette-Aguilar’s criminal history and the nature of the offense. See Gall , 552 U.S. at 51; see also United States v. Carter , 560 F.3d 1107, 1121 (9th Cir. 2009) (sentencing disparities are not unwarranted where defendant and his co-conspirators are not similarly situated).

AFFIRMED.

2 16-30104

[*] 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).

Case Details

Case Name: United States v. Samuel Navarrette-Aguilar
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Jul 17, 2017
Citation: 693 F. App'x 703
Docket Number: 16-30104
Court Abbreviation: 9th Cir.
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