United States of America v. Ivan Guerrero-Melchor

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NOT FOR PUBLICATION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.
IVAN GUERRERO-MELCHOR,
Defendant - Appellant.
Nos. 08-10062 & 08-10553
D.C. No. CR-06-01143-ROS
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Roslyn O. Silver, District Judge, Presiding
Submitted May 25, 2010**
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
In these consolidated appeals, Ivan Guerrero-Melchor appeals from the 92-
month sentence imposed following his jury-trial conviction for illegal reentry after
deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
FILED
JUN 11 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-10062 2
Guerrero-Melchor contends that the district court procedurally erred by
treating the Sentencing Guidelines as mandatory and by failing to consider the 18
U.S.C. § 3553(a) sentencing factors. The record reflects that the district court was
aware of its discretion under the advisory Sentencing Guidelines, adequately
considered the § 3553(a) sentencing factors, and provided a reasoned explanation
for the sentence imposed. See United States v. Carty, 520 F.3d 984, 992-96 (9th
Cir. 2008) (en banc); see also United States v. Diaz-Argueta, 564 F.3d 1047, 1051-
52 (9th Cir. 2009).
AFFIRMED.

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