Opinion
Nos. 09-30180, 09-30181.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed April 1, 2010.
James Edmund Seykora, Esquire, Assistant U.S., USBI-Office of the U.S. Attorney, Billings, MT, for Plaintiff-Appellee.
Lisa Jeannine Bazant, Billings, MT, for Defendant-Appellant.
Appeal from the United States District Court for the District of Montana, Richard F. Cebull, Chief District Judge, Presiding. D.C. Nos. 1:08-CR-00019-RFC, 1:08-CR-00092-RFC.
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
In these consolidated appeals, Eleazar Sanchez-Herrera appeals from the 66-month sentence imposed following his guilty-plea conviction for illegal reentry of deported alien, in violation of 8 U.S.C. § 1326(a), and conspiracy to possess with intent to distribute cocaine, in violation of 21 U.S.C. § 846. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Sanchez-Herrera contends that the district court procedurally erred and imposed a substantively unreasonable sentence by failing to discuss his individual and personal characteristics when imposing the sentence. The record shows that the district court considered the sentencing factors under 18 U.S.C. § 3553(a) and defense counsel's arguments when determining Sanchez-Herrera's sentence, and therefore did not procedurally err. See Rita v. United States, 551 U.S. 338, 356-59, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007); United States v. Carty, 520 F.3d 984, 991-92, 995 (9th Cir. 2008) (en banc). Further, considering the totality of the circumstances, including the § 3553(a) sentencing factors, the district court's sentence was substantively reasonable. See Carty, 520 F.3d at 993.
AFFIRMED.