FILED
NOT FOR PUBLICATION JUL 22 2010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. 09-10390
Plaintiff - Appellee, D.C. No. 2:09-cr-00117-RLH
v.
MEMORANDUM *
RIGOBERTO MOLINA-URIOSTEGUI,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Roger L. Hunt, Chief District Judge, Presiding
Submitted June 29, 2010 **
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Rigoberto Molina-Uriostegui appeals from the 41-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).
Molina-Uriostegui contends that the district court procedurally erred at
sentencing by: 1) treating the Guidelines as mandatory; 2) failing to consider
imposing a sentence outside the Guidelines range in light of the factors set forth in
18 U.S.C. § 3553(a); and 3) failing to adequately explain the sentence imposed.
He further contends that the sentence is substantively unreasonable. The record
reflects that the district court did not 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 at the bottom of the Guidelines range is
substantively reasonable. See id. at 993.
AFFIRMED.
2 09-10390