United States of America v. Gaudencio Molina-Carbajal, a.k.a. Guadencio Molina-Carbajal

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
Roger T. Benitez, United States District Judge for the Southern**
District of California, 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NOT FOR PUBLICATION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.
GAUDENCIO MOLINA-CARBAJAL,
a.k.a. Guadencio Molina-Carbajal,
Defendant - Appellant.
No. 11-10365
D.C. No. 4:10-cr-01893-DCB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Roger T. Benitez, District Judge, Presiding**
Submitted July 17, 2012***
Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.
Gaudencio Molina-Carbajal appeals from the 70-month sentence imposed
following his guilty-plea conviction for reentry after deportation in violation of 8
FILED
JUL 19 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10365 2
U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Molina-Carbajal contends that his sentence is substantively unreasonable.
He primarily contends that the district court relied too heavily on the Sentencing
Guidelines range and gave insufficient weight to his mitigating arguments. In light
of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors,
the sentence at the bottom of the Guidelines range is substantively reasonable. See
United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc).
AFFIRMED.

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