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

United States v. Eliseo Osorio

United States v. Eliseo Osorio
U.S. Court of Appeals for the Ninth Circuit · Decided April 19, 2010 · Rymer, McKeown, Paez
376 F. App'x 752

United States v. Eliseo Osorio

Opinion

MEMORANDUM **

Eliseo Cruz Osorio appeals from the 11-month sentence imposed following revocation of his supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

*753 Osorio contends that his sentence is substantively unreasonable in light of his individual circumstances, including the facts that he reentered the United States due to economic necessity and that his criminal record predates his supervised release violation. The record reflects that, under the totality of the circumstances, Osorio’s sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51-52, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); see also United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc).

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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