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NOT FOR PUBLICATION FEB 23 2011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. 10-50108
Plaintiff - Appellee, D.C. No. 3:09-cr-00174-BEN
v.
MEMORANDUM *
LUCIO MORA-TARULA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Lucio Mora-Tarula appeals from the 72-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.
*
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).
Mora-Tarula argues that the district court procedurally erred in failing to
explain the sentence adequately and failing to consider the § 3553(a) factors.
We review for plain error, see United States v. Dallman, 533 F.3d 755, 761
(9th Cir. 2008), and affirm because Mora-Tarula has not established plain error by
the district court, much less that his substantial rights may have been affected, see
id. at 761-62.
Mora-Tarula also contends that his sentence is substantively unreasonable.
In light of the totality of the circumstances and the factors set forth in 18 U.S.C.
§ 3553(a), the below-Guidelines sentence is not substantively unreasonable. See
Gall v. United States, 552 U.S. 38, 51 (2007); United States v. Valencia-Barragan,
608 F.3d 1103, 1108-09 (9th Cir. 2010).
AFFIRMED.
2 10-50108