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NOT FOR PUBLICATION JUL 22 2010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. 09-50355
Plaintiff - Appellee, D.C. No. 3:08-cr-00363-DMS
v.
MEMORANDUM *
JOSE RICO-CARRILLO,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Submitted June 29, 2010 **
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Jose Rico-Carrillo appeals from the 57-month sentence imposed following
his guilty-plea conviction for attempted entry after deportation, in violation of
8 U.S.C. § 1326, and making a false claim to United States citizenship, in violation
of 18 U.S.C. § 911. 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).
Rico-Carillo contends that the district court procedurally erred at sentencing
by failing to explicitly address his argument that the 16-level crime of violence
enhancement under the Sentencing Guidelines reflects unsound policy by the
Sentencing Commission because it is not tied by empirical research to any factor
relevant to sentencing. The record reflects that the district court considered Rico-
Carrillo’s arguments and did not procedurally err. See United States v. Carty, 520
F.3d 984, 992-93 (9th Cir. 2008) (en banc).
AFFIRMED.
2 09-50355