FILED NOT FOR PUBLICATION JUN 11 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, Nos. 08-10062 & 08-10553 Plaintiff - Appellee, D.C. No. CR-06-01143-ROS v. MEMORANDUM * IVAN GUERRERO-MELCHOR, Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Roslyn O. Silver, District Judge, Presiding Submitted May 25, 2010 ** Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.

In these consolidated appeals, Ivan Guerrero-Melchor appeals from the 92- month sentence imposed following his jury-trial conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

* 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).

Guerrero-Melchor contends that the district court procedurally erred by treating the Sentencing Guidelines as mandatory and by failing to consider the 18 U.S.C. § 3553(a) sentencing factors. The record reflects that the district court was aware of its discretion under the advisory Sentencing Guidelines, adequately considered the § 3553(a) sentencing factors, and provided a reasoned explanation for the sentence imposed. See United States v. Carty, 520 F.3d 984, 992-96 (9th Cir. 2008) (en banc); see also United States v. Diaz-Argueta, 564 F.3d 1047, 1051- (9th Cir. 2009).

AFFIRMED.

2 08-10062