United States of America v. Carlos Gonzalez-Salmeron

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NOT FOR PUBLICATION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.
CARLOS GONZALEZ-SALMERON,
Defendant - Appellant.
No. 10-10040
D.C. No. 4:08-cr-01085-DCB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges.
Carlos Gonzalez-Salmeron appeals from the 34-month sentence imposed
following his jury-trial conviction for re-entry after deportation, in violation of 8
U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
JAN 04 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

10-10040 2
Gonzalez-Salmeron contends that the district court procedurally erred by not
adequately considering all the 18 U.S.C. § 3553(a) sentencing factors. The district
court did not procedurally err. See United States v. Carty, 520 F.3d 984, 993 (9th
Cir. 2008) (en banc). Gonzalez-Salmeron also contends that the sentence was
substantively unreasonable. In light of the totality of the circumstances, the district
court’s sentence within the Guidelines range is substantively reasonable. See id.
AFFIRMED.

-- 2 of 2 --