United States of America v. Eleazar Sanchez-Herrera

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).
SMS/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ELEAZAR SANCHEZ-HERRERA,
Defendant - Appellant.
No. 09-30180 & 09-30181
D.C. Nos. 1:08-CR-00092-RFC
1:08-CR-00019-RFC
MEMORANDUM *
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief District Judge, Presiding
Submitted March 16, 2010**
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
In these consolidated appeals, Eleazar Sanchez-Herrera appeals from the 66-
month sentence imposed following his guilty-plea conviction for illegal reentry of
FILED
APR 01 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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SMS/Research 09-30180 & 09-30181 2
deported alien, in violation of 8 U.S.C. § 1326(a), and conspiracy to possess with
intent to distribute cocaine, in violation of 21 U.S.C. § 846. We have jurisdiction
pursuant to 28 U.S.C. § 1291, and we affirm.
Sanchez-Herrera contends that the district court procedurally erred and
imposed a substantively unreasonable sentence by failing to discuss his individual
and personal characteristics when imposing the sentence. The record shows that
the district court considered the sentencing factors under 18 U.S.C. § 3553(a) and
defense counsel’s arguments when determining Sanchez-Herrera’s sentence, and
therefore did not procedurally err. See Rita v. United States, 551 U.S. 338, 356-59
(2007); United States v. Carty, 520 F.3d 984, 991-92, 995 (9th Cir. 2008) (en
banc). Further, considering the totality of the circumstances, including
the§ 3553(a) sentencing factors, the district court’s sentence was substantively
reasonable. See Carty, 520 F.3d at 993.
AFFIRMED.

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