United States v. Guerrero-Melchor

FILED
NOT FOR PUBLICATION JUN 11 2010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, Nos. 08-10062 & 08-10553
Plaintiff - Appellee, D.C. No. CR-06-01143-ROS
v.
MEMORANDUM *
IVAN GUERRERO-MELCHOR,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Roslyn O. Silver, District Judge, Presiding
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
In these consolidated appeals, Ivan Guerrero-Melchor appeals from the 92-
month sentence imposed following his jury-trial conviction for illegal reentry 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).
Guerrero-Melchor contends that the district court procedurally erred by
treating the Sentencing Guidelines as mandatory and by failing to consider the 18
U.S.C. § 3553(a) sentencing factors. The record reflects that the district court was
aware of its discretion under the advisory Sentencing Guidelines, adequately
considered the § 3553(a) sentencing factors, and provided a reasoned explanation
for the sentence imposed. See United States v. Carty, 520 F.3d 984, 992-96 (9th
Cir. 2008) (en banc); see also United States v. Diaz-Argueta, 564 F.3d 1047, 1051-
52 (9th Cir. 2009).
AFFIRMED.
2 08-10062