United States of America v. Barochs Alvarado-Moreno

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NOT FOR PUBLICATION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.
BAROCHS ALVARADO-MORENO,
Defendant - Appellant.
No. 09-50478
D.C. No. 3:09-cr-00244-DMS
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Submitted July 19, 2010**
Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges.
Barochs Alvarado-Moreno appeals from the 77-month sentence imposed
following his jury-trial conviction for attempted entry after deportation, in
violation of 8 U.S.C. § 1326. 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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09-50478 2
Alvarado-Moreno contends his sentence is substantively unreasonable
because the district court placed undue weight on his past convictions. The district
court did not procedurally err, and in light of the totality of the circumstances and
the 18 U.S.C. § 3553(a) sentencing factors, the sentence is substantively
reasonable. See Gall v. United States, 552 U.S. 38, 51 (2007); United States v.
Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc); see also United States v.
Garcia-Cardenas, 555 F.3d 1049, 1050 (9th Cir. 2009) (per curiam) (rejecting
double-counting argument in § 1326 appeal).
AFFIRMED.

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