United States of America v. Napier Valdez-Brito

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NOT FOR PUBLICATION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.
NAPIER VALDEZ-BRITO,
Defendant - Appellant.
No. 09-50288
D.C. No. 3:08-CR-03614-DMS
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Submitted October 19, 2010**
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Napier Valdez-Brito appeals from his 41-month sentence imposed following
his guilty-plea 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.
Valdez-Brito contends that the sentence imposed by the district court was
FILED
OCT 27 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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greater than necessary to accomplish the purposes of sentencing set forth in 18
U.S.C. § 3553(a). The record reflects that the district court thoroughly considered
the § 3553(a) sentencing factors, and provided a well-reasoned explanation for the
sentence imposed. The district court did not procedurally err, and the sentence was
substantively reasonable under the totality of the circumstances. 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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