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United States v. Najera-Gordillo

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 5, 2012
470 F. App'x 668 (9th Cir. 2012)

Opinion

No. 11-10006 D.C. No. 2:05-cr-00383-EJG

03-05-2012

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FRANCISCO MIGUEL ANGEL NAJERA-GORDILLO, a.k.a. Miguel Angel Gonzalez, Defendant - Appellant.


NOT FOR PUBLICATION


MEMORANDUM

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


Appeal from the United States District Court

for the Eastern District of California

Edward J. Garcia, District Judge, Presiding


Submitted February 21, 2012

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
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Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.

Francisco Miguel Angel Najera-Gordillo appeals from the 324-month sentence imposed following his guilty-plea conviction for conspiracy to distribute and to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(a)(1), and possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Najera-Gordillo contends that the sentence imposed is substantively unreasonable. The record reflects that the district court considered Najera-Gordillo's arguments in mitigation and provided a well-reasoned analysis of the 18 U.S.C. § 3553(a) sentencing factors, before concluding that a sentence at the bottom of the Guidelines range was appropriate. The sentence is substantively reasonable under the totality of the circumstances and in light of the section 3553(a) sentencing factors. See Gall v. United States, 552 U.S. 38, 51 (2007).

AFFIRMED.


Summaries of

United States v. Najera-Gordillo

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 5, 2012
470 F. App'x 668 (9th Cir. 2012)
Case details for

United States v. Najera-Gordillo

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FRANCISCO MIGUEL ANGEL…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Mar 5, 2012

Citations

470 F. App'x 668 (9th Cir. 2012)

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United States v. Najera-Gordillo

On March 5, 2012, the Ninth Circuit Court of Appeals affirmed his sentence, finding that it was substantively…