FILED
NOT FOR PUBLICATION APR 11 2011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. 10-50421
Plaintiff - Appellee, D.C. No. 3:10-cr-01736-GT
v.
MEMORANDUM *
SANTOS TOLENTINO-AVILA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Gordon Thompson, District Judge, Presiding
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Santos Tolentino-Avila appeals from the 18-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).
Tolentino-Avila contends that the district court procedurally erred by failing
to address and consider his non-frivolous arguments in support of a lower sentence.
The record reflects that the district court considered Tolentino-Avila’s mitigating
arguments regarding his personal history and future plans, but found the
circumstances insufficient to warrant a sentence below the Guidelines range. See
United States v. Stoterau, 524 F.3d 988, 999-1000 (9th Cir. 2008). The district
court provided an adequate explanation for the sentence imposed, and did not
otherwise procedurally err. See United States v. Carty, 520 F.3d 984, 991-93 (9th
Cir. 2008) (en banc).
AFFIRMED.
2 10-50421