FILED
NOT FOR PUBLICATION AUG 05 2011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. 10-10490
Plaintiff - Appellee, D.C. No. 4:10-cr-00010-RCC
v.
MEMORANDUM *
EDUARDO HERNANDEZ-
HERNANDEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Raner C. Collins, District Judge, Presiding
Submitted August 2, 2011 **
Before: RYMER, IKUTA, and N.R. SMITH, Circuit Judges.
Eduardo Hernandez-Hernandez appeals from the 51-month sentence
imposed following his guilty-plea conviction for illegal reentry after deportation, 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).
violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and
we affirm.
Hernandez-Hernandez contends that his below-Guidelines sentence was
substantively unreasonable because the district court did not discuss all of the 18
U.S.C. § 3553(a) factors at the sentencing hearing. The record reflects that the
district court adequately considered and addressed Hernandez-Hernandez’s
arguments and the section 3553(a) factors. See Rita v. United States, 551 U.S. 338,
356-58 (2007). Furthermore, in light of the totality of the circumstances,
Hernandez-Hernandez’s sentence was not substantively unreasonable. See Gall v.
United States, 552 U.S. 38, 51 (2007); United States v Carty, 520 F.3d 984, 994-95
(9th Cir. 2008) (en banc).
AFFIRMED.
2 10-10490