United States of America v. Francisco Ledesma-Aceves

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).
NC/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FRANCISCO LEDESMA-ACEVES,
Defendant - Appellant.
No. 09-30242
D.C. No. 2:06-cr-00007-FVS
MEMORANDUM *
Appeal from the United States District Court
for the Eastern District of Washington
Fred L. Van Sickle, District Judge, Presiding
Submitted March 16, 2010**
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Francisco Ledesma-Aceves appeals from the 60-month sentence imposed
following his guilty-plea conviction for being an alien in the United States after
FILED
MAR 26 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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NC/Research 09-30242 2
deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28
U.S.C. § 1291, and we affirm.
Ledesma-Aceves contends that the district court erred at sentencing by
failing to consider his arguments, and that the overall sentence is unreasonable in
light of the factors set forth in 18 U.S.C. § 3553(a). The record reflects that the
district court considered each of Ledesma-Aceves’ arguments at sentencing, and
properly considered the § 3553(a) factors in deciding whether they supported the
sentence suggested by Ledesma. Accordingly, there was no procedural error. See
United States v. Carty, 520 F.3d 984, 991-993 (9th Cir. 2008) (en banc).
Moreover, in light of the totality of the circumstances, the sentence imposed is not
substantively unreasonable. See id. at 993.
AFFIRMED.

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