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

United States v. Ernesto Soto-Herrera

United States v. Ernesto Soto-Herrera
U.S. Court of Appeals for the Ninth Circuit · Decided April 1, 2010 · Schroeder, Pregerson, Rawlinson
373 F. App'x 681

United States v. Ernesto Soto-Herrera

Opinion

MEMORANDUM **

Ernesto Soto-Herrera appeals from the 56-month sentence imposed following his guilty-plea conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Soto-Herrera contends that the district court procedurally erred by failing to consider the mitigating circumstances pre *682 sented. He also contends that the district court imposed a substantively unreasonable sentence. The record indicates that the district court considered the defense’s arguments in the course of determining Soto-Herrera’s sentence and therefore did not procedurally err. See Rita v. United States, 551 U.S. 338, 356-59, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007); United States v. Carty, 520 F.3d 984, 991-92, 995 (9th Cir. 2008) (en banc). Further, considering the totality of the circumstances, including the 18 U.S.C. § 3553(a) sentencing factors, the district court’s sentence below the middle of the Guidelines range was substantively reasonable. See Carty, 520 F.3d at 993.

AFFIRMED.

**

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

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