FILED
NOT FOR PUBLICATION JUL 18 2011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. 09-50339
Plaintiff - Appellee, D.C. No. 2:08-cr-01235-PA
v.
MEMORANDUM *
ANDREW P. DELIO,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Percy Anderson, District Judge, Presiding
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
Andrew P. Delio appeals from the 15-month sentence imposed following his
guilty-plea conviction for wire fraud, in violation of 18 U.S.C. § 1343, and
impersonating a Federal Officer or Employee, in violation of 18 U.S.C. § 912. 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).
Delio contends that the district court procedurally erred at sentencing by
relying on a clearly erroneous interpretation of a 1994 incident, and that the above-
Guidelines sentence is substantively unreasonable. The record reflects that the
district court did not procedurally err, and in light of the totality of the
circumstances, the sentence is substantively reasonable. See United States v.
Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc).
AFFIRMED.
2 09-50339