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United States v. Jesus Reyes-Lizarraga
693 F. App'x 693
| 9th Cir. | 2017
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*1 Before: CANBY, KOZINSKI, and HAWKINS , Circuit Judges.

In these consolidated appeals, Jesus Reyes-Lizarraga appeals the 28-month sentence imposed following his guilty-plea conviction for reentry of a removed alien, in violation of 8 U.S.C. § 1326, and the four-month consecutive sentence imposed upon revocation of supervised release. We have jurisdiction under 28 *2 U.S.C. § 1291, and we affirm.

Reyes-Lizarraga contends that his aggregate sentence is substantively unreasonable because the district court failed to give sufficient weight to the 2016 amendments to the illegal reentry guideline, U.S.S.G. § 2L1.2, which were promulgated but not effective at the time of his sentencing. The record reflects that the court took account of the pending changes to the guideline and granted a significant downward variance. The court did not abuse its discretion in determining that a further downward variance was unwarranted in light of the 18 U.S.C. §3553(a) factors and the totality of the circumstances, including Reyes- Lizarraga’s significant immigration history. See Gall v. United States , 552 U.S. 38, 51 (2007); see also United States v. Ruiz-Apolonio , 657 F.3d 907, 918 (9th Cir. 2011) (“That the Commission has promulgated a not-yet-adopted amendment that is very likely to be adopted and that would result in reduced Guidelines ranges does not render a district court’s failure to grant a variance substantively unreasonable.”).

AFFIRMED.

2 16-10353 & 16-10354

[*] 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. Jesus Reyes-Lizarraga
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Jul 17, 2017
Citation: 693 F. App'x 693
Docket Number: 16-10353, 16-10354
Court Abbreviation: 9th Cir.
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