Opinion
No. 06-50264.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed July 7, 2008.
Christopher M. Alexander, Esq., USSD — Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
William Winfield Brown, Lindsey M. Burcham, Esq., Brown Associates, San Diego, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of California, Napoleon A. Jones, District Judge, Presiding. D.C. No. CR-05-00709-NAJ.
Before: REINHARDT, LEAVY, and CLIFTON, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Rosario Vasquez-Cisneros appeals her 77-month sentence imposed following her guilty-plea conviction for attempted entry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Vasquez-Cisneros contends that the district court procedurally erred at sentencing by failing to adequately state the reasons for the sentence, failing to consider all the factors contained in 18 U.S.C. § 3553(a), giving undue weight to the Sentencing Guidelines, and presuming that a sentence within the Guidelines range would be appropriate. We conclude that there was no procedural error. See Gall v. United States, ___ U.S. ___, 128 S.Ct. 586, 597, 169 L.Ed.2d 445 (2007); United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc).
Vasquez-Cisneros's motion for submission of additional excerpts of record is granted. The Clerk shall file the DVDs received on November 13, 2006.