United States of America v. Inoel Jedamin Rodas-De Leon

11-10574Court of Appeals for the Ninth CircuitJul 3, 2012

Full text

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
Philip G. Reinhard, United States District Judge for the Northern
**
District of Illinois, sitting by designation.
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NOT FOR PUBLICATION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.
INOEL JEDAMIN RODAS-DE LEON,
Defendant - Appellant.
No. 11-10574
D.C. No. 4:11-cr-01763-DCB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Philip G. Reinhard, District Judge, Presiding**
Submitted June 26, 2012***
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Inoel Jedamin Rodas-De Leon appeals from the 51-month sentence imposed
following his guilty-plea conviction for reentry after deportation, in violation of 8
FILED
JUL 03 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10574 2
U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Rodas-De Leon contends that the district court procedurally erred because it
failed to consider all of the 18 U.S.C. § 3553(a) factors and did not consider De
Leon’s request for a downward variance. The district court did not procedurally
err. See United States v. Treadwell, 593 F.3d 990, 1013-14 (9th Cir. 2010). The
record also reflects that the district court did not give undue weight to any of the
section 3553(a) sentencing factors and that, in light of the totality of the
circumstances, the sentence is substantively reasonable. See Gall v. United States,
552 U.S. 38, 51 (2007).
AFFIRMED.

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