FILED NOT FOR PUBLICATION JAN 11 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS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. 08-30350 & 08-30351 Plaintiff - Appellee, D.C. Nos. 3:06-cr-05351-RBL 2:08-cr-00130-RBL v. MEMORANDUM * LAURO AGUILAR-CANCHE, Defendant - Appellant.

Appeal from the United States District Court for the Western District of Washington Ronald B. Leighton, District Judge, Presiding Submitted December 15, 2009 ** Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.

In these consolidated appeals, Lauro Aguilar-Canche appeals from the 60- month sentence and the 120-month consecutive sentence imposed following his

* 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).

AK/Research guilty-plea conviction for various drug offenses, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A), and (b)(1)(B). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Aguilar-Canche contends that the district court erred by placing undue emphasis on his alleged involvement in a tobacco smuggling scheme while he was detained pretrial, and on the fact that he committed the second offense while on pretrial release for the first offense. The district court conducted a well-reasoned and balanced analysis of the 18 U.S.C. § 3553(a) sentencing factors, and the sentence imposed is substantively reasonable. United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc).

Counsel’s motion to withdraw is denied.

AFFIRMED.

AK/Research 2 08-30350 & 08-30351