United States v. Piedad Peralta

FILED NOT FOR PUBLICATION JUN 09 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-10179 Plaintiff - Appellee, D.C. No. 4:00-cr-01089-JMR v. MEMORANDUM * PIEDAD PERALTA, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona John M. Roll, Chief District Judge, Presiding Submitted May 24, 2011 ** Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges. Piedad Peralta appeals from the 24-month sentence imposed following her guilty-plea conviction for conspiracy to transport and harbor illegal aliens, in violation of 8 U.S.C. § 1324(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). Peralta contends that the district court procedurally erred by failing to consider and address her arguments in support of a variance and to adequately explain its reasons for the sentence. The record reflects that the district court considered all of the factors set forth in 18 U.S.C. § 3553(a) and Peralta’s mitigating arguments, adequately explained the reasons for the sentence, and did not otherwise procedurally err. See United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc). Further, the record reflects that the low-end 24-month sentence is substantively reasonable in light of the totality of the circumstances. See Gall v. United States, 552 U.S. 38, 51-52 (2007). AFFIRMED. 2 10-10179