United States of America v. Eliseo Cruz Osorio

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NOT FOR PUBLICATION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.
ELISEO CRUZ OSORIO,
Defendant - Appellant.
No. 09-10245
D.C. No. 2:03-CR-00297-RLH
MEMORANDUM *
Appeal from the United States District Court
for the District of Nevada
Roger L. Hunt, Chief District Judge, Presiding
Submitted April 5, 2010**
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
Eliseo Cruz Osorio appeals from the 11-month sentence imposed following
revocation of his supervised release. We have jurisdiction pursuant to 28 U.S.C.
§ 1291, and we affirm.
FILED
APR 19 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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Osorio contends that his sentence is substantively unreasonable in light of
his individual circumstances, including the facts that he reentered the United States
due to economic necessity and that his criminal record predates his supervised
release violation. The record reflects that, under the totality of the circumstances,
Osorio’s sentence is substantively reasonable. See Gall v. United States, 552 U.S.
38, 51-52 (2007); see also United States v. Carty, 520 F.3d 984, 991-93 (9th Cir.
2008) (en banc).
AFFIRMED.

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