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

United States v. Santos Tolentino-Avila

United States v. Santos Tolentino-Avila
U.S. Court of Appeals for the Ninth Circuit · Decided April 11, 2011 · Fletcher, Clifton, Bea
426 F. App'x 506

United States v. Santos Tolentino-Avila

Opinion

MEMORANDUM **

Santos Tolentino-Avila appeals from the 18-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.

Tolentino-Avila contends that the district court procedurally erred by failing to address and consider his non-frivolous arguments in support of a lower sentence. The record reflects that the district court considered Tolentino-Avila’s mitigating arguments regarding his personal history and future plans, but found the circumstances insufficient to warrant a sentence below the Guidelines range. See United States v. Stoterau, 524 F.3d 988, 999-1000 (9th Cir. 2008). The district court provided an adequate explanation for the sentence imposed, and did not otherwise procedurally err. See 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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