United States v. Carlos Gonzalez-Salmeron , 407 F. App'x 230 ( 2011 )

FILED
NOT FOR PUBLICATION JAN 04 2011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. 10-10040
Plaintiff - Appellee, D.C. No. 4:08-cr-01085-DCB
v.
MEMORANDUM *
CARLOS GONZALEZ-SALMERON,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted December 14, 2010 **
Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges.
Carlos Gonzalez-Salmeron appeals from the 34-month sentence imposed
following his jury-trial 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).
Gonzalez-Salmeron contends that the district court procedurally erred by not
adequately considering all the 18 U.S.C. § 3553(a) sentencing factors. The district
court did not procedurally err. See United States v. Carty, 520 F.3d 984, 993 (9th
Cir. 2008) (en banc). Gonzalez-Salmeron also contends that the sentence was
substantively unreasonable. In light of the totality of the circumstances, the district
court’s sentence within the Guidelines range is substantively reasonable. See id.AFFIRMED.
2 10-10040