United States of America v. Juan Manuel Silva-Quesada

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NOT FOR PUBLICATION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.
JUAN MANUEL SILVA-QUESADA,
Defendant - Appellant.
No. 09-10142
D.C. No. 5:08-CR-00525-JW
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
James Ware, District Judge, Presiding
Submitted May 25, 2010**
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Juan Manuel Silva-Quesada appeals from his 46-month sentence imposed
following his guilty-plea conviction for illegal reentry following deportation, in
FILED
JUN 21 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

09-10142 2
violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and
we affirm.
Silva-Quesada contends that the district court committed procedural error by
failing to address his arguments for a lower sentence due to his “cultural
assimilation.” The record reflects that the district court listened to the argument,
and “then simply found the circumstances insufficient to warrant” a lower
sentence. See United States v. Amezcua-Vasquez, 567 F.3d 1050, 1054 (9th Cir.
2009).
AFFIRMED.

-- 2 of 2 --