FILED
NOT FOR PUBLICATION JUL 02 2012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. 11-50418
Plaintiff - Appellee, D.C. No. 3:11-cr-01752-LAB
v.
MEMORANDUM *
LUIS ALBERTO MORALES-
CABALLERO,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted June 26, 2012 **
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Luis Alberto Morales-Caballero appeals from the 45-month sentence
imposed following his guilty-plea conviction for attempted entry after deportation,
in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and
*
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).
we affirm.
Morales-Caballero contends that the district court procedurally erred by
failing to consider the 18 U.S.C. § 3553(a) sentencing factors other than deterrence
and by improperly considering the cost of prosecution at sentencing. The record
belies these contentions. The district court adequately considered the section
3553(a) factors, and its passing mention of the cost of prosecution was a
permissible explanation of the specific need for deterrence in this case.
Morales-Caballero also contends that his above-Guidelines sentence is
substantively unreasonable. In light of the section 3553(a) sentencing factors and
the totality of the circumstances, including the significant need for deterrence, the
sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51
(2007).
AFFIRMED.
2 11-50418