United States v. Yuri Deleon-Archila

FILED
NOT FOR PUBLICATION SEP 02 2010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. 09-10407
Plaintiff - Appellee, D.C. No. 2:09-cr-00084-RLH
v.
MEMORANDUM *
YURI SAUL DELEON-ARCHILA,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Roger L. Hunt, Chief Judge, Presiding
Submitted August 23, 2010 **
Before: LEAVY, HAWKINS, and THOMAS, Circuit Judges.
Yuri Saul Deleon-Archila appeals from the 60-month sentence imposed
following his guilty-plea conviction for being a deported alien found unlawfully 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).
Deleon-Archila contends that the district court procedurally erred at
sentencing by failing to: 1) fully address his non-frivolous arguments in support of
a lower sentence; 2) adequately explain the sentence imposed; and 3) consider all
of the 18 U.S.C. § 3553(a) factors. Deleon-Archila also contends that the sentence
is substantively unreasonable. The record reflects that the district court considered
Deleon-Archila’s arguments and did not otherwise procedurally err. See United
States v. Carty, 520 F.3d 984, 991-93, 995 (9th Cir. 2008) (en banc). Moreover, in
light of the totality of the circumstances, the sentence is substantively reasonable.
See id. at 993.
Deleon-Archila’s contention that his sentence violates the Fifth and Sixth
Amendments because his prior convictions were neither admitted, nor established
by a jury beyond a reasonable doubt, is foreclosed. See United States v. Grajeda,
581 F.3d 1186, 1197 (9th Cir. 2009).
AFFIRMED.
2 09-10407