FILED
NOT FOR PUBLICATION DEC 14 2009
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. 09-50087
Plaintiff - Appellee, D.C. No. 3:08-CR-03051-JLS
v.
MEMORANDUM *
JOSE LUIS MURILLO-RODRIGUEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Janis L. Sammartino, District Judge, Presiding
Submitted November 17, 2009 **
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Jose Luis Murillo-Rodriguez appeals from the 84-month sentence imposed
following his guilty-plea conviction for being a deported alien found in the United
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
EH/Research
States, in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28
U.S.C. § 1291, and we affirm.
Murillo-Rodriguez contends that the district court procedurally erred during
sentencing by giving undue weight to the need for deterrence and by failing to
consider the need to avoid unwarranted sentencing disparities. A review of the
record demonstrates that the district court did not procedurally err in fashioning the
sentence. See United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc).
AFFIRMED.
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