FILED
NOT FOR PUBLICATION APR 09 2010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. 09-10272
Plaintiff - Appellee, D.C. No. 4:09-cr-00005-CKJ-JJM-
1
v.
JAVIER SARABIA, MEMORANDUM *
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted February 3, 2010 **
San Francisco, California
Before: HUG, BEEZER and HALL, Circuit Judges.
Defendant-appellant Javier Sarabia (“Sarabia”) appeals from a final
judgment convicting him of one count of illegal re-entry after deportation in
violation of 8 U.S.C. § 1326, as enhanced by 8 U.S.C. § 1326(b)(1). Sarabia
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
pleaded guilty to the crime without a plea agreement, and the district court
sentenced him to 24 months imprisonment. We have jurisdiction over this appeal
pursuant to 28 U.S.C. § 1291, and we affirm.
The facts of this case are known to the parties. We do not repeat them.
I
We review the substantive reasonableness of a sentence for an abuse of
discretion. United States v. Autery, 555 F.3d 864, 871 (9th Cir. 2009).
II
The district court acted well within its discretion by sentencing Sarabia at
the bottom of the applicable advisory guidelines range. The record clearly shows
that, during the sentencing hearing, the district court considered Sarabia’s
individual circumstances and mitigating factors. The fact that the district court did
not expressly discuss every 18 U.S.C. § 3553(a) factor does not make the sentence
substantively unreasonable because a “district court need not tick off each of the
§ 3553(a) factors to show that it has considered them.” United States v. Carty, 520
F.3d 984, 992 (9th Cir. 2008) (en banc).
AFFIRMED.
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