United States v. Rafael Martinez-Gonzalez

FILED NOT FOR PUBLICATION FEB 23 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-10272 Plaintiff - Appellee, D.C. No. 2:08-cr-00371-FCD v. MEMORANDUM * RAFAEL MARTINEZ-GONZALEZ, a.k.a. Jose Acosta, a.k.a. Rafael Estrada, a.k.a. Roberto Martinez-Soto, a.k.a. Fidel Reyes, a.k.a. Armelo Seja, a.k.a. Carmello Seja, a.k.a. Carmelo Silvo, a.k.a. Miguel Torres-Gonzalez, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of California Frank C. Damrell, District Judge, Presiding Submitted February 15, 2011 ** Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges. * 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). Rafael Martinez-Gonzalez appeals from the 85-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. Martinez-Gonzalez contends that the district court committed significant procedural error by failing to explain adequately the reasons for the sentence. Martinez-Gonzalez’s sentence is within the Guidelines range, and the court adequately explained its reasons for selecting this sentence. See United States v. Carty, 520 F.3d 984, 995 (9th Cir. 2008) (en banc). AFFIRMED. 2 10-10272