United States v. Josue De Paz , 383 F. App'x 596 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 10 2010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. 09-50393
Plaintiff - Appellee, D.C. No. 3:08-CR-03235-TJW
v.
MEMORANDUM *
JOSUE DANIEL DE PAZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Thomas J. Whelan, District Judge, Presiding
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Josue Daniel De Paz appeals from the 51-month sentence imposed following
his guilty-plea conviction for being a deported alien found in the United States, 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.
De Paz contends that the district court procedurally erred by (1) imposing a
sentence based solely on the advisory Sentencing Guidelines and failing to
consider the factors set forth in 18 U.S.C. § 3553(a), including the need to impose
a sentence sufficient, but not greater than necessary, and (2) failing to adequately
explain his sentence. The record reflects that the district court provided a reasoned
sentencing explanation and did not otherwise procedurally err. See United States v.
Gutierrez-Sanchez, 587 F.3d 904, 908 (9th Cir. 2009).
De Paz also contends that his sentence is substantively unreasonable in light
of his over-represented criminal history and other mitigating circumstances. The
record reflects that, under the totality of the circumstances, De Paz’s sentence is
substantively reasonable. See Gall v. United States, 552 U.S. 38, 51-52 (2007); see
also United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc).
AFFIRMED.
2 09-50393