U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Bernardo Martinez-Ocampo

United States v. Bernardo Martinez-Ocampo
U.S. Court of Appeals for the Ninth Circuit · Decided February 17, 2011 · Canby, Fernandez, Smith
414 F. App'x 971

United States v. Bernardo Martinez-Ocampo

Opinion

MEMORANDUM **

Bernardo Martinez-Ocampo appeals from the 57-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Martinez-Ocampo contends that the district court procedurally erred in imposing his low-end Guideline sentence and that the sentence is substantively unreasonable. The record reflects that the district court did not procedurally err, see United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc), and that, under the totality of the circumstances, the sentence at the bottom of the guidelines range is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); see also Carty, 520 F.3d at 993.

AFFIRMED.

**

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

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