United States of America v. Bernardo Martinez-Ocampo

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NOT FOR PUBLICATION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.
BERNARDO MARTINEZ-OCAMPO,
Defendant - Appellant.
No. 10-50104
D.C. No. 3:09-cr-03412-GT
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Gordon Thompson, District Judge, Presiding
Submitted February 15, 2011**
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Bernardo Martinez-Ocampo appeals from the 57-month sentence imposed
following his guilty-plea conviction for being a deported alien found in the United
States, in violation of 8 U.S.C. § 1326. 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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10-50104 2
Martinez-Ocampo contends that the district court procedurally erred in
imposing his low-end Guideline sentence and that the sentence is substantively
unreasonable. The record reflects that the district court did not procedurally err,
see United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc), and
that, under the totality of the circumstances, the sentence at the bottom of the
guidelines range is substantively reasonable. See Gall v. United States, 552 U.S.
38, 51 (2007); see also Carty, 520 F.3d at 993.
AFFIRMED.

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