United States of America v. Michael Jospeh Delacruz

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NOT FOR PUBLICATION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.
MICHAEL JOSPEH DELACRUZ,
Defendant - Appellant.
No. 11-30301
D.C. No. 1:11-cr-00021-RFC
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief Judge, Presiding
Submitted June 26, 2012**
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Michael Joseph Delacruz appeals from the 120-month sentence imposed
following his jury-trial conviction for being a felon in possession of a firearm and
ammunition, in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction under 28
FILED
JUL 03 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-30301 2
U.S.C. § 1291, and we affirm.
Delacruz contends that the district court procedurally erred by failing
adequately to explain the sentence and by relying on clearly erroneous facts. The
district court did not procedurally err. The district court accurately described
Delacruz’s criminal history, considered the 18 U.S.C. § 3553(a) factors, and
sufficiently explained the sentence imposed. See United States v. Carty, 520 F.3d
984, 991-93 (9th Cir. 2008) (en banc).
Delacruz also contends that his sentence is substantively unreasonable. The
sentence imposed is substantively reasonable in light of the totality of the
circumstances and the section 3553(a) sentencing factors. See Gall v. United
States, 552 U.S. 38, 51 (2007).
AFFIRMED.

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