United States of America v. Gonzalo Guerrero

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NOT FOR PUBLICATION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.
GONZALO GUERRERO,
Defendant - Appellant.
No. 08-10504
D.C. No. 4:08-CR-00489-JMR
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
John M. Roll, Chief District Judge, Presiding
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges.
Gonzalo Guerrero appeals from the 46-month sentence imposed following
his guilty-plea conviction for illegal re-entry after deportation, in violation of
8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
DEC 27 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-10504 2
Guerrero contends that his sentence is substantively unreasonable in light of
the circumstances, including the seriousness of the offense, his more recent
criminal history, and the fact that he previously has not been prosecuted for his
illegal entries into the United States. The district court did not procedurally err at
sentencing and the sentence is not substantively unreasonable in light of the factors
set forth in 18 U.S.C. § 3553(a) and the totality of the circumstances. See Gall v.
United States, 552 U.S. 38, 51 (2007).
AFFIRMED.

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