FILED
NOT FOR PUBLICATION JUN 07 2010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. 09-10402
Plaintiff - Appellee, D.C. No. 2:06-CR-00187-RCJ
v.
MEMORANDUM *
MANUEL EDUARDO ALONSO-
OCHOA,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Robert Clive Jones, District Judge, Presiding
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Manuel Eduardo Alonso-Ochoa appeals from the 24-month sentence
imposed following the revocation of his supervised release. 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).
Alonso-Ochoa contends that the district court erred by basing its sentencing
decision on impermissible factors. The record shows that the district court did not
rely primarily on factors that were inappropriate for consideration. See United
States v. Miqbel, 444 F.3d 1173, 1182 (9th Cir. 2006); see also United States v.
Simtob, 485 F.3d 1058, 1062-63 (9th Cir. 2007). Moreover, in light of the totality
of the circumstances, the district court’s sentence is substantively reasonable. See
United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc).
AFFIRMED.
2 09-10402