FILED
NOT FOR PUBLICATION MAR 09 2011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. 10-10158
Plaintiff - Appellee, D.C. No. 4:09-cr-00862-DCB
v.
MEMORANDUM *
LIZANDRO GARCIA-BERMUDEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Lizandro Garcia-Bermudez appeals from the 63-month sentence imposed
following his conviction for re-entry after 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).
Garcia-Bermudez contends that the district court procedurally erred by
failing to discuss all of the 18 U.S.C. § 3553(a) factors and imposed a substantively
unreasonable sentence. The district court did not procedurally err by failing to
discuss each of the section 3553(a) factors. See United States v. Carty, 520 F.3d
984, 992 (9th Cir. 2008) (en banc) (holding that a sentencing court “need not tick
off each of the § 3553(a) factors”). Furthermore, given the seriousness and age of
Garcia-Bermudez’s prior offense, and in light of the totality of the circumstances,
we conclude that the sentence is substantively reasonable. See id. at 993.
AFFIRMED.
2 10-10158