United States v. Juan Silva-Quesada , 384 F. App'x 678 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 21 2010
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. 09-10142
Plaintiff - Appellee, D.C. No. 5:08-CR-00525-JW
v.
MEMORANDUM *
JUAN MANUEL SILVA-QUESADA,
Defendant - Appellant.
Appeal from the United States District Court
for the Northern District of California
James Ware, District Judge, Presiding
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Juan Manuel Silva-Quesada appeals from his 46-month sentence imposed
following his guilty-plea conviction for illegal reentry following deportation, in
*
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).
violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and
we affirm.
Silva-Quesada contends that the district court committed procedural error by
failing to address his arguments for a lower sentence due to his “cultural
assimilation.” The record reflects that the district court listened to the argument,
and “then simply found the circumstances insufficient to warrant” a lower
sentence. See United States v. Amezcua-Vasquez, 567 F.3d 1050, 1054 (9th Cir.
2009).
AFFIRMED.
2 09-10142