United States v. Julio Cardenas-Porras ( 2010 )

FILED
NOT FOR PUBLICATION DEC 27 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T O F AP PE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-50190
Plaintiff - Appellee, D.C. No. 3:10-cr-07008-GT
v.
MEMORANDUM *
JULIO ISRAEL CARDENAS-PORRAS,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Gordon Thompson, District Judge, Presiding
Submitted December 14, 2010 **
Before: GOODWIN, WALLACE, and W. FLETCHER, Circuit Judges.
Julio Israel Cardenas-Porras appeals from the 15-month sentence imposed
upon revocation of supervised release. 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).
Cardenas-Porras contends that the district court procedurally erred at
sentencing by: 1) treating the guidelines as presumptively reasonable; 2) failing to
consider all of the 18 U.S.C. § 3553(a) sentencing factors; and 3) failing to
adequately explain the sentence or address his mitigation arguments.
Cardenas-Porras further contends that the resulting sentence is substantively
unreasonable. The record reflects that the district court did not procedurally err,
and that, in light of the totality of the circumstances, the sentence is substantively
reasonable. See United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en
banc).
AFFIRMED.
2 10-50190