United States of America v. Jesus Mario Felix-Burgos

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NOT FOR PUBLICATION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.
JESUS MARIO FELIX-BURGOS,
Defendant - Appellant.
No. 10-10033
D.C. No. 2:09-cr-00275-PMP
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Philip M. Pro, District Judge, Presiding
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges.
Jesus Mario Felix-Burgos appeals from the 46-month sentence imposed
following his guilty-plea conviction for being a deported alien found unlawfully in
the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
FILED
JAN 05 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-10033 2
Felix-Burgos contends that his sentence is substantively unreasonable. In
light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing
factors, Felix-Burgos’ sentence at the bottom of the Guidelines range is
substantively reasonable. See United States v. Carty, 520 F.3d 984, 991-93 (9th
Cir. 2008) (en banc). Moreover, the district court did not procedurally err. See id.
AFFIRMED.

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