United States v. Barochs Alvarado-Moreno , 390 F. App'x 731 ( 2010 )

FILED
NOT FOR PUBLICATION AUG 02 2010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. 09-50478
Plaintiff - Appellee, D.C. No. 3:09-cr-00244-DMS
v.
BAROCHS ALVARADO-MORENO, MEMORANDUM *
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Submitted July 19, 2010 **
Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges.
Barochs Alvarado-Moreno appeals from the 77-month sentence imposed
following his jury-trial conviction for attempted 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).
Alvarado-Moreno contends his sentence is substantively unreasonable
because the district court placed undue weight on his past convictions. The district
court did not procedurally err, and in light of the totality of the circumstances and
the 18 U.S.C. § 3553(a) sentencing factors, the sentence is substantively
reasonable. See Gall v. United States, 552 U.S. 38, 51 (2007); United States v.
Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc); see also United States v.
Garcia-Cardenas, 555 F.3d 1049, 1050 (9th Cir. 2009) (per curiam) (rejecting
double-counting argument in § 1326 appeal).
AFFIRMED.
2 09-50478