FILED

NOT FOR PUBLICATION JAN 24 2011

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. 10-10142

Plaintiff - Appellee, D.C. No. 3:09-cr-00838-MHP v.

MEMORANDUM * IVAN AREVALO-HERNANDEZ,

Defendant - Appellant.

Appeal from the United States District Court

for the Northern District of California

Marilyn H. Patel, District Judge, Presiding

Submitted January 10, 2011 ** Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.

Ivan Arevalo-Hernandez appeals from the 36-month sentence imposed following his guilty-plea conviction for illegal reentry following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

*

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).

Arevalo-Hernandez contends that the district court procedurally erred by failing to address his argument for a sentence in the Guidelines range applicable to defendants offered fast-track dispositions. The record reflects that the district court did not procedurally err. See Rita v. United States, 551 U.S. 338, 359 (2007); United States v. Gonzalez-Zotelo, 556 F.3d 736, 740 (9th Cir. 2009), cert. denied, 130 S. Ct. 83 (2009).

Furthermore, under the totality of the circumstances, the below-Guidelines sentence was not substantively unreasonable. See Gall v. United States, 552 U.S. 38, 51-52 (2007).

AFFIRMED.

2 10-10142