United States of America v. Jose Luis Murillo-Rodriguez

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
EH/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSE LUIS MURILLO-RODRIGUEZ,
Defendant - Appellant.
No. 09-50087
D.C. No. 3:08-CR-03051-JLS
MEMORANDUM *
Appeal from the United States District Court
for the Southern District of California
Janis L. Sammartino, District Judge, Presiding
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Jose Luis Murillo-Rodriguez appeals from the 84-month sentence imposed
following his guilty-plea conviction for being a deported alien found in the United
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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States, in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28
U.S.C. § 1291, and we affirm.
Murillo-Rodriguez contends that the district court procedurally erred during
sentencing by giving undue weight to the need for deterrence and by failing to
consider the need to avoid unwarranted sentencing disparities. A review of the
record demonstrates that the district court did not procedurally err in fashioning the
sentence. See United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc).
AFFIRMED.

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