United States v. Jaime Lemus-Marines , 470 F. App'x 565 ( 2012 )

FILED
NOT FOR PUBLICATION MAR 01 2012
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. 11-10218
Plaintiff - Appellee, D.C. No. 4:10-cr-02646-CKJ
v.
MEMORANDUM *
JAIME LEMUS-MARINES, a.k.a. Jaime
Lemus, a.k.a. Jaime Lemus-Marilius,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted February 21, 2012 **
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Jaime Lemus-Marines appeals from the 46-month sentence imposed
following his guilty-plea conviction for illegal reentry after deportation, in
violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and
*
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).
we affirm.
Lemus-Marines contends that his sentence is procedurally unreasonable
because the district court did not specifically discuss his principal arguments in
favor of a shorter sentence. The record reflects that the district court adequately
considered and addressed Lemus-Marines’s arguments and the 18 U.S.C. § 3553(a)
sentencing factors. See Rita v. United States, 551 U.S. 338, 356-58 (2007).
Furthermore, in light of the totality of the circumstances and the section 3553(a)
sentencing factors, Lemus-Marines’s within-Guidelines sentence is substantively
reasonable. See Gall v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.
2 11-10218