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NOT FOR PUBLICATION SEP 02 2010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. 09-50158
Plaintiff - Appellee, D.C. No. 3:08-CR-01446-WQH
v.
MEMORANDUM *
RAMON ESPERANZA CARRILLO,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
William Q. Hayes, District Judge, Presiding
Submitted August 23, 2010 **
Before: LEAVY, HAWKINS, and THOMAS, Circuit Judges.
Ramon Esperanza Carrillo appeals from the 27-month sentence imposed
following his guilty-plea conviction for being a deported alien found 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).
Carrillo contends that the district court procedurally erred by not responding
to his non-frivolous arguments in mitigation. The record reflects that the district
court carefully considered the 18 U.S.C. § 3553(a) sentencing factors, including
Carrillo’s arguments in mitigation, before concluding that the circumstances were
insufficient to warrant a sentence below the one imposed. The district court did
not procedurally err. See United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008)
(en banc).
Carrillo also contends that his sentence is substantively unreasonable. In
light of the totality of the circumstances, the district court’s within-Guidelines
sentence is substantively reasonable. See Carty, 520 F.3d at 993.
AFFIRMED.
2 09-50158