United States of America v. Antonio Angon-Paz

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).
EH/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANTONIO ANGON-PAZ,
Defendant - Appellant.
No. 09-50163
D.C. No. 3:08-CR-03204-DMS
MEMORANDUM *
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Antonio Angon-Paz appeals from the 41-month sentence imposed following
his guilty-plea conviction for attempted entry after deportation, in violation of 8
FILED
JAN 11 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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EH/Research 09-50163 2
U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we
affirm.
Angon-Paz contends that his sentence is unreasonable because the district
court failed to meaningfully address his request for downward departures, or his
mitigating factors. This contention is belied by the record. The district court
found that Angon-Paz failed to meet his burden of establishing a basis for the
requested departures, and gave a sufficient explanation of the sentence in light of
the factors under 18 U.S.C. § 3553(a). Accordingly, the district court did not
procedurally err and the sentence imposed is not substantively unreasonable. See
United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc).
AFFIRMED.

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