United States of America v. Salomon Garcia-Rodriguez

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NOT FOR PUBLICATION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.
SALOMON GARCIA-RODRIGUEZ,
Defendant - Appellant.
No. 09-50454
D.C. No. 3:09-cr-01852-JLS
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Janis L. Sammartino, District Judge, Presiding
Submitted July 19, 2010**
Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges.
Salomon Garcia-Rodriguez appeals from the 46-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(a). We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
FILED
AUG 02 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-50454
Garcia-Rodriguez contends that the district court procedurally erred by
neglecting to meaningfully consider and address all of the factors set forth in 18
U.S.C. § 3553(a) and his request for a downward departure and failing to
adequately explain the reasons for the sentence. The record reflects that the district
court considered the section 3553(a) factors, provided a reasoned explanation for
the sentence, and did not otherwise procedurally err. See United States v. Carty,
520 F.3d 984, 991-93 (9th Cir. 2008) (en banc); see also United States v.
Diaz-Argueta, 564 F.3d 1047, 1051-52 (9th Cir. 2009).
Garcia-Rodriguez also contends that his sentence is substantively
unreasonable in light of his mitigating personal circumstances and the minor nature
of the prior conviction that was the basis for a 16-level enhancement under
U.S.S.G. § 2L1.2(b)(1)(A)(ii). The record reflects that the 46-month sentence is
substantively reasonable in light of the totality of the circumstances and the section
3553(a) factors. See Gall v. United States, 552 U.S. 38, 51-52 (2007); cf. United
States v. Amezcua-Vasquez, 567 F.3d 1050, 1055-56 (9th Cir. 2009).
AFFIRMED.

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