FILED
NOT FOR PUBLICATION JUL 03 2012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. 10-10488
Plaintiff - Appellee, D.C. No. 2:10-cr-00151-GMN
v.
MEMORANDUM *
OLIVERIO ARELLANO-AVILES,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Gloria M. Navarro, District Judge, Presiding
Submitted June 26, 2012 **
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Oliverio Arellano-Aviles appeals from the 33-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
*
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).
U.S.C. § 1291, and we affirm.
Arellano-Aviles contends that the district court procedurally erred when it
failed to explain adequately why it rejected his arguments for a more lenient
sentence based on the minor nature of his aggravated felony conviction. The
record belies his contention. The district court considered Arellano-Aviles’s
mitigating arguments and adequately explained that in light of his criminal history,
a sentence at the bottom of the advisory Guidelines range was warranted. See 18
U.S.C. § 3553(a); United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en
banc). In light of the totality of the circumstances and the 18 U.S.C. § 3553(a)
sentencing factors, Arellano-Aviles’s sentence is substantively reasonable. See
Gall v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.
2 10-10488