United States of America v. Pedro Briseno-Marin, a.k.a. Juan Lopez-Lopez, a.k.a. Sergio Marin- Hernandez

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NOT FOR PUBLICATION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.
PEDRO BRISENO-MARIN, a.k.a. Juan
Lopez-Lopez, a.k.a. Sergio Marin-
Hernandez,
Defendant - Appellant.
No. 10-30174
D.C. No. 2:05-cr-00138-RHW
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Robert H. Whaley, District Judge, Presiding
Submitted February 15, 2011**
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Pedro Briseno-Marin appeals from the 24-month sentence imposed upon
revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291,
and we affirm.
FILED
FEB 17 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-30174 2
Briseno-Marin contends that the district court procedurally erred by failing
to: (1) calculate the advisory Guidelines range; (2) remain cognizant of the
guidelines throughout sentencing; and (3) adequately explain the reasons for the
sentence imposed. The record reflects that the district court did not procedurally
err. See United States v. Carty, 520 F.3d 984, 991-95 (9th Cir. 2008) (en banc).
Moreover, any such error by the district court did not affect Briseno-Marin’s
substantial rights. See United States v. Olano, 507 U.S. 725, 734-35 (1993).
Briseno-Marin also contends that his sentence is substantively unreasonable.
The sentence was reasonable in light of Briseno-Marin’s continued recidivism, the
need for deterrence, and the breach of trust as evidenced by Briseno-Marin’s illegal
reentry a mere month after his last deportation. See U.S.S.G. Ch.7, Pt. A(3)(b); see
also Carty, 520 F.3d at 993.
AFFIRMED.

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