FILED
NOT FOR PUBLICATION FEB 23 2012
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. 10-10555
Plaintiff - Appellee, D.C. No. 2:10-cr-00197-GMN
v.
MEMORANDUM *
MARIO ALBERTO ALONSO-
MALDONADO,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Gloria M. Navarro, District Judge, Presiding
Submitted February 21, 2012 **
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Mario Alberto Alonso-Maldonado 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
*
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).
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Alonso-Maldonado contends that his sentence is substantively unreasonable,
in light of the staleness of his prior conviction and his cultural assimilation. Under
the totality of the circumstances, including Alonso-Maldonado’s criminal history
and three previous deportations, the sentence at the bottom of the Guidelines range
is substantively reasonable. See 18 U.S.C. § 3553(a); Gall v. United States, 552
U.S. 38, 51 (2007).
To the extent Alonso-Maldonado contends that the district court
procedurally erred by failing to provide an adequate explanation for the sentence,
the record belies his contention. See United States v. Carty, 520 F.3d 984, 992 (9th
Cir. 2008) (en banc).
AFFIRMED.
2 10-10555