FILED
NOT FOR PUBLICATION APR 19 2010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. 09-10245
Plaintiff - Appellee, D.C. No. 2:03-CR-00297-RLH
v.
MEMORANDUM *
ELISEO CRUZ OSORIO,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Roger L. Hunt, Chief District Judge, Presiding
Submitted April 5, 2010 **
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
Eliseo Cruz Osorio appeals from the 11-month sentence imposed following
revocation of his supervised release. 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 concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Osorio contends that his sentence is substantively unreasonable in light of
his individual circumstances, including the facts that he reentered the United States
due to economic necessity and that his criminal record predates his supervised
release violation. The record reflects that, under the totality of the circumstances,
Osorio’s sentence is substantively reasonable. See Gall v. United States, 552 U.S.
38, 51-52 (2007); see also United States v. Carty, 520 F.3d 984, 991-93 (9th Cir.
2008) (en banc).
AFFIRMED.