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NOT FOR PUBLICATION JUN 3 2011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