FILED
NOT FOR PUBLICATION JUN 20 2011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. 10-10405
Plaintiff - Appellee, D.C. No. 2:09-cr-00476-PMP-RJJ
v.
MEMORANDUM *
RICARDO ROCHIN-JEREZ, a.k.a.
Francisco Camargo-Peralta,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Philip M. Pro, District Judge, Presiding
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Ricardo Rochin-Jerez appeals from the 41-month sentence imposed
following his guilty-plea conviction for being a deported alien found unlawfully in
*
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).
the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
Rochin-Jerez contends that his sentence, at the bottom of the Guidelines, is
substantively unreasonable because it included a 16-level increase for his previous
conviction of an alien smuggling offense. In light of the totality of the
circumstances and the 18 U.S.C. § 3553(a) factors, including the seriousness of
Rochin-Jerez’s crimes and deterring future criminal conduct, the sentence is not
substantively unreasonable. See Gall v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.
2 10-30257