NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT APR 22 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
UNITED STATES OF AMERICA, No. 09-30287
Plaintiff - Appellee, D.C. No. 4:09-cr-00023-SEH
v.
MEMORANDUM *
JUAN ISAC ALVARADO-ISORDIA,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted April 5, 2010 **
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
Juan Isac Alvarado-Isordia appeals from the 54-month sentence imposed
following his guilty-plea conviction for illegal re-entry of a deported alien, 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 pursuant to 28 U.S.C. § 1291,
and we affirm.
Alvarado-Isordia contends that his sentence is unreasonable because the
district court failed to review sufficiently the mitigating facts of his case in light of
the 18 U.S.C. § 3553(a) sentencing factors. He also contends that his sentence is
greater than necessary in light of the staleness and facts surrounding a prior
conviction that formed the basis for a 16-level enhancement pursuant to U.S.S.G.
§ 2L1.2(b)(1)(A)(i). The record indicates that the district court did not
procedurally err and that the sentence is substantively reasonable in light of the
totality of the circumstances. See United States v. Carty, 520 F.3d 984, 991-93
(9th Cir. 2008) (en banc); cf. United States v. Amezcua-Vasquez, 567 F.3d 1050,
1054-58 (9th Cir. 2009).
AFFIRMED.
2 09-30287