Opinion
No. 10-10158.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed March 9, 2011.
Cory Michael Picton, Esquire, Assistant U.S., USTU-Office of the U.S. Attorney, Tucson, AZ, for Plaintiff-Appellee.
Adam N. Bleier, Law Offices of Adam N. Bleier, Tucson, AZ, for Defendant-Appellant.
Appeal from the United States District Court for the District of Arizona, David C. Bury, District Judge, Presiding. D.C. No. 4:09-cr-00862-DCB.
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Lizandro Garcia-Bermudez appeals from the 63-month sentence imposed following his conviction for re-entry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Garcia-Bermudez contends that the district court procedurally erred by failing to discuss all of the 18 U.S.C. § 3553(a) factors and imposed a substantively unreasonable sentence. The district court did not procedurally err by failing to discuss each of the section 3553(a) factors. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc) (holding that a sentencing court "need not tick off each of the § 3553(a) factors"). Furthermore, given the seriousness and age of Garcia-Bermudez's prior offense, and in light of the totality of the circumstances, we conclude that the sentence is substantively reasonable. See id. at 993.
AFFIRMED.