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NOT FOR PUBLICATION DEC 14 2009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. 09-50095
Plaintiff - Appellee, D.C. No. 3:08-CR-03101-GT
v.
MEMORANDUM *
CARLOS MUNOZ-DURAN,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Gordon Thompson, District Judge, Presiding
Submitted November 17, 2009 **
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Carlos Munoz-Duran appeals from the 37-month sentence imposed
following his guilty-plea conviction for attempted illegal reentry, in violation of 8
U.S.C. § 1326. We have jurisdiction pursuant to 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 finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
EH/Research
Munoz-Duran contends that the district court erred by applying an upward
departure under U.S.S.G. § 4A1.3 based on his criminal history, and by failing to
adequately consider his mitigating arguments, and that the resulting sentence is
substantively unreasonable. The record reflects that the district court did not
procedurally err in its calculation of the advisory sentencing Guideline range or
consideration of the 18 U.S.C. § 3553(a) factors, and that the sentence is
substantively reasonable in light of the totality of the circumstances. See United
States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc); see also United States
v. Higuera-Llamos, 574 F.3d 1206, 1212 (9th Cir. 2009).
AFFIRMED.
EH/Research 2 09-50095