United States of America v. Rafael Martinez-Gonzalez, a.k.a. Jose Acosta, a.k.a. Rafael Estrada, a.k.a. Roberto…

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NOT FOR PUBLICATION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.
RAFAEL MARTINEZ-GONZALEZ,
a.k.a. Jose Acosta, a.k.a. Rafael Estrada,
a.k.a. Roberto Martinez-Soto, a.k.a. Fidel
Reyes, a.k.a. Armelo Seja, a.k.a. Carmello
Seja, a.k.a. Carmelo Silvo, a.k.a. Miguel
Torres-Gonzalez,
Defendant - Appellant.
No. 10-10272
D.C. No. 2:08-cr-00371-FCD
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Frank C. Damrell, District Judge, Presiding
Submitted February 15, 2011**
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
FILED
FEB 23 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-10272 2
Rafael Martinez-Gonzalez appeals from the 85-month sentence imposed
following his guilty-plea conviction for being a deported alien found in the United
States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
Martinez-Gonzalez contends that the district court committed significant
procedural error by failing to explain adequately the reasons for the sentence.
Martinez-Gonzalez’s sentence is within the Guidelines range, and the court
adequately explained its reasons for selecting this sentence. See United States v.
Carty, 520 F.3d 984, 995 (9th Cir. 2008) (en banc).
AFFIRMED.

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