United States of America v. Jose Alberto Tapia-Hernandez

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
AK/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSE ALBERTO TAPIA-HERNANDEZ,
Defendant - Appellant.
No. 06-10320
D.C. No. CR-05-02169-DCB
MEMORANDUM *
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Jose Alberto Tapia-Hernandez appeals from the 57-month sentence imposed
following his guilty-plea conviction for illegal reentry after deportation, in
violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C.
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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AK/Research 06-10320 2
§ 1291, and we affirm.
Tapia-Hernandez contends that the district court erred by treating the
Guidelines as presumptively reasonable in the absence of extraordinary factors to
justify a downward variance. The district court did not procedurally err by
concluding that a sentence below the Guidelines range was not warranted in light
of the circumstances of the case. See United States v. Carty, 520 F.3d 984, 994-95
(9th Cir. 2008) (en banc).
AFFIRMED.

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