United States of America v. Cesar Solano-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).
SZ/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CESAR SOLANO-HERNANDEZ,
Defendant - Appellant.
No. 06-30424
D.C. No. CR-06-00021-FVS
MEMORANDUM *
Appeal from the United States District Court
for the Eastern District of Washington
Fred L. Van Sickle, District Judge, Presiding
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Cesar Solano-Hernandez appeals from the 135-month sentence imposed
following his guilty-plea conviction for distribution of 50 grams or more of actual
FILED
JAN 04 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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methamphetamine, in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction
pursuant to 28 U.S.C. § 1291, and we affirm.
Solano-Hernandez contends that the district court abused its discretion when
it failed to grant his request for a downward departure, pursuant to U.S.S.G.
§ 4A1.3(b), based on his argument that his Criminal History Category
overrepresented his prior convictions. We review the overall sentence for
reasonableness. See United States v. Dallman, 533 F.3d 755, 761 (9th Cir. 2008).
In light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the
circumstances, the sentence is reasonable. See United States v. Carty, 520 F.3d
984, 993 (9th Cir. 2008) (en banc).
AFFIRMED.

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