FILED
NOT FOR PUBLICATION OCT 5 2011
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. 10-10552
Plaintiff - Appellee, D.C. No. 2:10-cr-00066-KJD
v. MEMORANDUM *
RODOLFO DOMINGUEZ-SOSA,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Kent J. Dawson, District Judge, Presiding
Submitted September 27, 2011 **
Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges.
Rodolfo Dominguez-Sosa appeals from the 46-month sentence imposed
following his guilty-plea conviction for being a deported alien found unlawfully in
the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under
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).
Dominguez-Sosa contends that the district court abused its discretion by
failing to impose a lower sentence in light of his limited criminal history and his
cultural and family ties to the United States. The record reflects that the district
court considered Dominguez-Sosa’s arguments and found that they were
insufficient to impose a sentence below the Guidelines range. See United States v.
Carty, 520 F.3d 984, 995 (9th Cir. 2008) (en banc). In light of the totality of the
circumstances and the 18 U.S.C. § 3553(a) sentencing factors, the sentence at the
bottom of the Guidelines range is substantively reasonable. See Gall v. United
States, 552 U.S. 38, 51 (2007).
AFFIRMED.
2 10-10552