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U.S. v. Alvarado-Moreno

United States Court of Appeals, Ninth Circuit
Aug 2, 2010
390 F. App'x 731 (9th Cir. 2010)

Opinion

No. 09-50478.

Submitted July 19, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed August 2, 2010.

Anne Kristina Perry, Assistant U.S., Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.

Zandra Luz Lopez, Law Offices of Zandra L. Lopez, San Diego, CA, for Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California, Dana M. Sabraw, District Judge, Presiding. D.C. No. 3:09-cr-00244-DMS.

Before: B.FLETCHER, REINHARDT, and WARDLAW, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Barochs Alvarado-Moreno appeals from the 77-month sentence imposed following his jury-trial conviction for attempted entry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Alvarado-Moreno contends his sentence is substantively unreasonable because the district court placed undue weight on his past convictions. The district court did not procedurally err, and in light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors, the sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc); see also United States v. Garcia-Cardenas, 555 F.3d 1049, 1050 (9th Cir. 2009) (per curiam) (rejecting double-counting argument in § 1326 appeal).

AFFIRMED.


Summaries of

U.S. v. Alvarado-Moreno

United States Court of Appeals, Ninth Circuit
Aug 2, 2010
390 F. App'x 731 (9th Cir. 2010)
Case details for

U.S. v. Alvarado-Moreno

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Barochs ALVARADO-MORENO…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 2, 2010

Citations

390 F. App'x 731 (9th Cir. 2010)