United States v. Damaso Obeso-Felix

FILED NOT FOR PUBLICATION JUN 3 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-30252 Plaintiff - Appellee, D.C. No. 1:09-cr-00141-RFC v. MEMORANDUM * DAMASO RENE OBESO-FELIX, Defendant - Appellant. Appeal from the United States District Court for the District of Montana Richard F. Cebull, Chief Judge, Presiding Submitted May 24, 2011 ** Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges. Damaso Rene Obeso-Felix appeals from the 151-month sentence imposed following his guilty plea conviction for conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(a)(1). 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). Obeso-Felix contends that the sentence imposed was substantively unreasonable because it was greater than necessary to comply with the statutory purposes of sentencing. The sentence at the bottom of the Guidelines range is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors, and under the totality of the circumstances. See Gall v. United States, 552 U.S. 38, 51 (2007); see also United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc). AFFIRMED. 2 10-30252