FILED
NOT FOR PUBLICATION JAN 24 2011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. 10-10142
Plaintiff - Appellee, D.C. No. 3:09-cr-00838-MHP
v.
MEMORANDUM *
IVAN AREVALO-HERNANDEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Northern District of California
Marilyn H. Patel, District Judge, Presiding
Submitted January 10, 2011 **
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Ivan Arevalo-Hernandez appeals from the 36-month sentence imposed
following his guilty-plea conviction for illegal reentry following 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).
Arevalo-Hernandez contends that the district court procedurally erred by
failing to address his argument for a sentence in the Guidelines range applicable to
defendants offered fast-track dispositions. The record reflects that the district court
did not procedurally err. See Rita v. United States, 551 U.S. 338, 359 (2007);
United States v. Gonzalez-Zotelo, 556 F.3d 736, 740 (9th Cir. 2009), cert. denied,
130 S. Ct. 83 (2009).
Furthermore, under the totality of the circumstances, the below-Guidelines
sentence was not substantively unreasonable. See Gall v. United States, 552 U.S.
38, 51-52 (2007).
AFFIRMED.
2 10-10142
United States v. Ivan Arevalo-Hernandez
Combined Opinion