U.S. Court of Appeals for the Ninth Circuit, 2010

United States v. Joel Beltran-Benitez

United States v. Joel Beltran-Benitez
U.S. Court of Appeals for the Ninth Circuit · Decided November 19, 2010 · Tashima, Berzon, Clifton
404 F. App'x 114

United States v. Joel Beltran-Benitez

Opinion

MEMORANDUM **

Joel Beltran-Benitez appeals from the 60-month sentence imposed following his guilty-plea conviction for illegal reentry, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Beltran-Benitez contends that the district court procedurally erred by failing to adequately explain its reasons for the sentence imposed. He also contends that his sentence is substantively unreasonable. The record reflects that the district court did not procedurally err, and the below-Guidelines range sentence is substantively reasonable. See United States v. Carter, 560 F.3d 1107, 1117-19 (9th Cir. 2009) (no procedural error where record reflected that judge considered the evidence and arguments presented by the parties); United States v. Carty, 520 F.3d 984, 992-95 (9th Cir. 2008) (en banc).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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