United States of America v. Joel Beltran-Benitez

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NOT FOR PUBLICATION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.
JOEL BELTRAN-BENITEZ,
Defendant - Appellant.
No. 09-30448
D.C. No. 6:09-cr-60017-AA
MEMORANDUM*
Appeal from the United States District Court
for the District of Oregon
Ann L. Aiken, Chief District Judge, Presiding
Submitted November 16, 2010**
Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.
Joel Beltran-Benitez appeals from the 60-month sentence imposed following
his guilty-plea conviction for illegal reentry, in violation of 8 U.S.C. § 1326. We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
NOV 19 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

09-30448 2
Beltran-Benitez contends that the district court procedurally erred by failing
to adequately explain its reasons for the sentence imposed. He also contends that
his sentence is substantively unreasonable. The record reflects that the district
court did not procedurally err, and the below-Guidelines range sentence is
substantively reasonable. See United States v. Carter, 560 F.3d 1107, 1117-19 (9th
Cir. 2009) (no procedural error where record reflected that judge considered the
evidence and arguments presented by the parties); United States v. Carty, 520 F.3d
984, 992-95 (9th Cir. 2008) (en banc).
AFFIRMED.

-- 2 of 2 --