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NOT FOR PUBLICATION FEB 23 2011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. 10-30161
Plaintiff - Appellee, D.C. No. 1:09-cr-30032-PA
v.
MEMORANDUM *
ALFREDO AZAMAR-AGUIRRE,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Oregon
Owen M. Panner, District Judge, Presiding
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Alfredo Azamar-Aguirre appeals from the 87-month sentence imposed
following his guilty-plea conviction for possession of methamphetamine with
intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(viii). 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).
Azamar-Aguirre contends that the district court committed procedural error
because it failed to consider the 18 U.S.C. § 3553(a) factors, and did not
adequately explain the chosen sentence. The district court adequately explained
the reasons for the sentence it selected, as it explicitly considered the 18 U.S.C.
§ 3553(a) sentencing factors, and Azamar-Aguirre’s mitigation argument. See
United States v. Carty, 520 F.3d 984, 991-92 (9th Cir. 2008) (en banc).
Azamar-Aguirre also argues that his sentence is substantively unreasonable
because, under the circumstances of his case, it is greater than necessary to
accomplish the purposes of sentencing. In light of the totality of the circumstances
and the § 3553(a) factors, the sentence is not substantively unreasonable. See Gall
v. United States, 552 U.S. 38, 51 (2007); see also United States v. Gutierrez-
Sanchez, 587 F.3d 904, 908 (9th Cir. 2009) (explaining that weight to be given the
§ 3553(a) factors in a particular case “is for the discretion of the district court”).
AFFIRMED.
2 10-30161