FILED
NOT FOR PUBLICATION NOV 22 2010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. 10-50107
Plaintiff - Appellee, D.C. No. 3:06-cr-00810-WQH
v.
MEMORANDUM *
DAVID CASAS-HERRERA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
William Q. Hayes, District Judge, Presiding
Submitted November 16, 2010 **
Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.
David Casas-Herrera appeals from the 10-month sentence imposed
following 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).
Casas-Herrera contends that the sentence is unreasonable because the district
court procedurally erred in failing to adequately address his mitigating arguments
and explain the reasons for imposing a 10-month sentence. The record reflects that
the district court did not procedurally err. See Rita v. United States, 551 U.S. 338,
358-59 (2007). The record also reflects that, under the totality of the
circumstances, Casas-Herrera’s sentence is substantively reasonable. See Gall v.
United States, 552 U.S. 38, 51-52 (2007); see also United States v. Carty, 520 F.3d
984, 991-93 (9th Cir. 2008) (en banc).
AFFIRMED.
2 10-50107