United States of America v. Fernando Marquez-Barraza

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FERNANDO MARQUEZ-BARRAZA,
Defendant - Appellant.
No. 09-50373
D.C. No. 3:09-cr-01376-GT
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Gordon Thompson, Jr., District Judge, Presiding
Submitted May 25, 2010**
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Fernando Marquez-Barraza appeals from the 63-month sentence imposed
following his guilty-plea conviction for being an illegal alien in the United States
FILED
JUN 18 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-50373 2
after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
Marquez-Barraza contends that his sentence is substantively unreasonable
because it is longer than the one jointly recommended in the parties’ plea
agreement and is greater than necessary. In light of the totality of the
circumstances of this case and the 18 U.S.C. § 3553(a) sentencing factors, the
sentence is substantively reasonable. See United States v. Carty, 520 F.3d 984,
993-94 (9th Cir. 2008) (en banc); see also Gall v. United States, 552 U.S. 38, 51
(2007).
AFFIRMED.

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