United States v. Carlos Gonzalez-Salmeron

FILED
NOT FOR PUBLICATION JAN 04 2011

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. 10-10040

Plaintiff - Appellee, D.C. No. 4:08-cr-01085-DCB

v.
MEMORANDUM *
CARLOS GONZALEZ-SALMERON,

Defendant - Appellant.

Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding

Submitted December 14, 2010 **

Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges.

Carlos Gonzalez-Salmeron appeals from the 34-month sentence imposed

following his jury-trial conviction for re-entry after deportation, 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).
 Gonzalez-Salmeron contends that the district court procedurally erred by not

adequately considering all the 18 U.S.C. § 3553(a) sentencing factors. The district

court did not procedurally err. See United States v. Carty, 520 F.3d 984, 993 (9th

Cir. 2008) (en banc). Gonzalez-Salmeron also contends that the sentence was

substantively unreasonable. In light of the totality of the circumstances, the district

court’s sentence within the Guidelines range is substantively reasonable. See id.

AFFIRMED.

2 10-10040