United States v. Solano-Hernandez

FILED NOT FOR PUBLICATION JAN 04 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 06-30424 Plaintiff - Appellee, D.C. No. CR-06-00021-FVS v. MEMORANDUM * CESAR SOLANO-HERNANDEZ, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Washington Fred L. Van Sickle, District Judge, Presiding Submitted December 15, 2009 ** Before: GOODWIN, WALLACE, and FISHER, Circuit Judges. Cesar Solano-Hernandez appeals from the 135-month sentence imposed following his guilty-plea conviction for distribution of 50 grams or more of actual * 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). SZ/Research methamphetamine, in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Solano-Hernandez contends that the district court abused its discretion when it failed to grant his request for a downward departure, pursuant to U.S.S.G. § 4A1.3(b), based on his argument that his Criminal History Category overrepresented his prior convictions. We review the overall sentence for reasonableness. See United States v. Dallman, 533 F.3d 755, 761 (9th Cir. 2008). In light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, the sentence is reasonable. See United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc). AFFIRMED. SZ/Research 2 06-30424