United States of America v. Israel Solorio-Gutierrez

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NOT FOR PUBLICATION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.
ISRAEL SOLORIO-GUTIERREZ,
Defendant - Appellant.
No. 10-10308
D.C. No. 5:09-cr-00890-JF
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Jeremy D. Fogel, District Judge, Presiding
Submitted February 15, 2011**
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Israel Solorio-Gutierrez appeals from the 37-month sentence imposed
following his guilty-plea conviction for illegal re-entry after deportation, in
violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and
we affirm.
FILED
FEB 22 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-10308 2
Solorio-Gutierrez contends that the district court failed to adequately explain
its reasons for imposing the sentence. The record reflects that the district court
provided a reasoned sentencing explanation and did not otherwise procedurally err.
See United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc).
Solorio-Gutierrez also contends that his sentence is substantively
unreasonable because it was greater than necessary to serve the goals of
sentencing, among other reasons. In light of the totality of the circumstances,
particularly his prior conviction for drug trafficking and prior deportations, as well
as the 18 U.S.C. § 3553(a) factors, the district court’s within-Guidelines sentence is
substantively reasonable. See Carty, 520 F.3d at 993.
AFFIRMED.

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