United States of America v. Nicholas Guerrero

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NOT FOR PUBLICATION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.
NICHOLAS GUERRERO,
Defendant - Appellant.
No. 09-30433
D.C. No. 2:07-cr-02042-WFN
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Wm. Fremming Nielsen, District Judge, Presiding
Submitted September 13, 2010**
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Nicholas Guerrero appeals from the 139-month sentence imposed following
his guilty-plea conviction for distribution of a controlled substance, in violation of
21 U.S.C. § 841(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we
affirm.
FILED
OCT 05 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-30433 2
Guerrero contends that his sentence is substantively unreasonable because it
should have been imposed to run concurrent or partially concurrent to his
undischarged 46-month federal sentence. The record reflects that the district court
did not procedurally err and that, in light of the totality of the circumstances, the
district court did not abuse its discretion because the sentence is substantively
reasonable. See Gall v. United States, 552 U.S. 38, 51 (2007); see also United
States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc).
AFFIRMED.

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