United States v. Guillermo Godinez , 426 F. App'x 534 ( 2011 )

FILED
NOT FOR PUBLICATION APR 11 2011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. 10-50332
Plaintiff - Appellee, D.C. No. 3:09-cr-01239-JLS
v.
MEMORANDUM *
GUILLERMO GODINEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Janis L. Sammartino, District Judge, Presiding
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Guillermo Godinez appeals from the 72-month sentence imposed following
his conviction for being a deported alien found in the United States, 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).
Godinez contends that the district court procedurally erred by failing to
explain adequately its sentence and by failing to address nonfrivolous mitigating
arguments. The contention is belied by the record. He further contends that his
sentence reflects improper double counting of his criminal history. This contention
is foreclosed by United States v. Garcia-Cardenas, 555 F.3d 1049, 1050 (9th Cir.
2009) (per curiam).
Godinez also contends that his sentence is substantively unreasonable under
United States v. Amezcua-Vasquez, 567 F.3d 1050 (9th Cir. 2009), because the
sentence does not adequately account for the age of his prior convictions and his
individual circumstances. In light of the totality of the circumstances and the
factors set forth in 18 U.S.C. § 3553(a), the sentence is substantively reasonable.
See Amezcua-Vasquez, 567 F.3d. at 1058.
AFFIRMED.
2 10-50332