FILED
NOT FOR PUBLICATION JUL 15 2011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. 10-30316
Plaintiff - Appellee, D.C. No. 2:09-cr-02093-EFS
v.
MEMORANDUM *
MELECIO ESCOBEDO-LEDEZMA,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Edward F. Shea, District Judge, Presiding
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
Melecio Escobedo-Ledezma appeals from the 24-month sentence imposed
following his guilty-plea conviction for being an alien in the United States 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).
Escobedo-Ledezma contends that the district court procedurally erred by
violating his constitutional right to due process and Rule 32(i)(1)(C) of the Federal
Rules of Criminal Procedure, when it relied on its own undisclosed sentencing
chart as an aid in determining his sentence. Escobedo-Ledezma fails to establish
that there was plain error affecting his substantial rights, as he cannot show a
reasonable probability that he would have received a different sentence had the
court disclosed the sentencing chart. See United States v. Dallman, 533 F.3d 755,
761-62 (9th Cir. 2008); see also United States v. Warr, 530 F.3d 1152, 1163 (9th
Cir. 2008). The sentence below the Guidelines range is substantively reasonable in
light of the totality of the circumstances and the sentencing factors set forth in 18
U.S.C. § 3553(a). See Gall v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.
2 10-30316