Opinion
No. 09-50554.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed October 27, 2010.
Arnold Dale Blankenship, Assistant U.S. Attorney, Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
Daniel Casillas, Law Office of Daniel Casillas, San Diego, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of California, John A. Houston, District Judge, Presiding. D.C. No. 3:07-cr-01598-JAH.
Before: O'SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Martin Martinez-Alavarez appeals from the 60-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Martinez-Alavarez contends that the district court procedurally erred by failing to adequately explain the reasons for the sentence and by failing to address Martinez-Alavarez's request for a downward departure. He also contends that his sentence is substantively unreasonable. The district court did not procedurally err, and the below-Guidelines range sentence is substantively reasonable. See United States v. Carter, 560 F.3d 1107, 1117-19 (9th Cir. 2009); United States v. Carty, 520 F.3d 984, 992-95 (9th Cir. 2008) (en banc).