FILED
NOT FOR PUBLICATION MAR 08 2011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. 10-30139
Plaintiff - Appellee, D.C. No. 6:09-cr-60088-MRH
v.
MEMORANDUM *
EDGARDO MARTINEZ-MARTINEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Oregon
Michael R. Hogan, District Judge, Presiding
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Edgardo Martinez-Martinez appeals from the 30-month sentence imposed
following his guilty-plea conviction for illegal reentry, in violation of 8 U.S.C.
§ 1326(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Martinez-Martinez contends that the district court procedurally erred by
*
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).
impermissibly considering his rejection of the government’s fast-track plea offer
and the sentence that would have resulted therefrom. We review for plain error.
See United States v. Evans-Martinez, 611 F.3d 635, 642 (9th Cir. 2010). Martinez-
Martinez fails to demonstrate that the district court’s inquiry into whether he
rejected a plea offer was plain error that affected his substantial rights. See United
States v. Dallman, 533 F.3d 755, 761-62 (9th Cir. 2008).
Martinez-Martinez also contends that the sentence imposed is substantively
unreasonable due to the age of the prior violent felony conviction that triggered a
16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A). The district court
specifically considered the 18 U.S.C. § 3553(a) sentencing factors, in conjunction
with the staleness of the conviction, prior to granting a downward variance from
the advisory Guidelines range. See United States v. Amezcua-Vasquez, 567 F.3d
1050, 1054-56 (9th Cir. 2009). The below-Guidelines sentence is substantively
reasonable under the totality of the circumstances. See Gall v. United States, 552
U.S. 38, 51 (2007).
AFFIRMED.
2 10-30139