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NOT FOR PUBLICATION JUN 3 2011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. 10-50452
Plaintiff - Appellee, D.C. No. 3:10-cr-01994-JLS
v.
MEMORANDUM *
JAVIER GARCIA-GALINDO,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Janis L. Sammartino, District Judge, Presiding
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Javier Garcia-Galindo appeals from the 63-month sentence imposed
following his guilty plea conviction for attempted reentry 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-Galindo contends that the district court procedurally erred by failing
to explain why it disagreed with his arguments for a downward variance under 18
U.S.C. § 3553(a). The record reflects that the district court considered Garcia-
Galindo’s arguments in mitigation, 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 the sentence is procedurally sound. See
United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc). Moreover,
the sentence at the low-end 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).
AFFIRMED.
2 10-50452