United States v. Miguel Negron

FILED NOT FOR PUBLICATION MAR 31 2010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, No. 09-50380

Plaintiff - Appellee, D.C. No. 3:08-cr-01007-JLS v.

MEMORANDUM * MIGUEL ANGEL NEGRON,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California

Janis L. Sammartino, District Judge, Presiding Submitted March 16, 2010 **

Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.

Miguel Angel Negron appeals from the 70-month sentence imposed following his guilty-plea conviction for attempted entry after deportation, in

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Negron contends that the district court procedurally erred by failing to consider and discuss certain facts and factors and also contends that the sentence is substantively unreasonable. The record reflects that the district court did not procedurally err, and the sentence is not substantively unreasonable in light of the totality of the circumstances and the factors set forth in 18 U.S.C. § 3553(a). See Gall v. United States, 552 U.S. 38, 49-51 (2007); Rita v. United States, 551 U.S. 338, 356-59 (9th Cir. 2007); United States v. Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en banc).

AFFIRMED.

SR/Research 2 09-50380