United States v. Rodrigo Escalante-Carrillo ( 2011 )

FILED
NOT FOR PUBLICATION OCT 5 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-10406
Plaintiff - Appellee, D.C. No. 2:09-cr-00676-FJM
v.
MEMORANDUM *
RODRIGO ESCALANTE-CARRILLO,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Frederick J. Martone, District Judge, Presiding
Submitted September 27, 2011 **
Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges.
Rodrigo Escalante-Carrillo appeals from the 57-month sentence imposed
following his conviction for re-entry after deportation, in violation of 8 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 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Escalante-Carrillo contends that the district court procedurally erred by
failing adequately to discuss the 18 U.S.C. § 3553(a) sentencing factors. The
record reflects that contrary to his contention, the district court did not plainly err.
See United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc); see
also United States v. Lindsey, 634 F.3d 541, 550 (9th Cir. 2011).
Escalante-Carrillo also contends that his sentence is substantively
unreasonable. Specifically, he contends that cultural assimilation provides a basis
for a below-Guidelines sentence. In light of the totality of the circumstances and
the section 3553(a) sentencing factors, the sentence is substantively reasonable.
See Gall v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.
2 09-10406