United States v. Leobardo Ruiz , 422 F. App'x 588 ( 2011 )


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  •                                                                            FILED
    NOT FOR PUBLICATION                             MAR 17 2011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. 10-50019
    Plaintiff - Appellee,             D.C. No. 2:09-cr-00411-CAS
    v.
    LEOBARDO VASQUEZ RUIZ, a.k.a.                    MEMORANDUM *
    Francisco Javier Bello Calvario,
    Defendant - Appellant.
    Appeal from the United States District Court
    for the Central District of California
    Christina A. Snyder, District Judge, Presiding
    Submitted February 15, 2011 **
    Before:        CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
    Leobardo Vasquez Ruiz appeals from the 46-month sentence imposed
    following his guilty-plea conviction for being an illegal alien found in the United
    States following deportation, in violation of 
    8 U.S.C. § 1326
    (a). 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).
    Vasquez Ruiz contends the district court procedurally erred by: (1) treating
    the guidelines as presumptively reasonable; (2) failing to adequately explain the
    sentence or address the 
    18 U.S.C. § 3553
    (a) factors; and (3) failing to respond to
    Vasquez Ruiz’s non-frivolous mitigation arguments. The record reflects that the
    district court did not treat the Sentencing Guidelines as presumptively appropriate,
    adequately explained the sentence, sufficiently addressed the section 3553(a)
    factors, and listened to the parties’ arguments but found the circumstances
    insufficient to warrant a sentence lower than the one imposed. See United States v.
    Carty, 
    520 F.3d 984
    , 994-96 (9th Cir. 2008) (en banc).
    Vasquez Ruiz also contends his sentence is substantively unreasonable
    because of the district court’s failure to meaningfully consider the section 3553(a)
    factors, as well as the staleness and minor nature of two of his prior convictions. In
    light of the totality of the circumstances and the section 3553(a) factors, Vasquez
    Ruiz’s sentence is substantively reasonable. See 
    id. at 991-93
    .
    Finally, we reject Vasquez Ruiz’s invitation to call for an en banc hearing on
    this case because there is no intra-circuit conflict and he has failed to demonstrate
    that United States v. Hayden, 
    255 F.3d 768
     (9th Cir. 2001), was wrongly decided.
    See Fed. R. App. P. 35(a).
    AFFIRMED.
    2                                    10-50019
    

Document Info

Docket Number: 10-50019

Citation Numbers: 422 F. App'x 588

Judges: Canby, Fernandez, Smith

Filed Date: 3/17/2011

Precedential Status: Non-Precedential

Modified Date: 11/5/2024