FILED NOT FOR PUBLICATION JUN 3 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS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. 10-50452 Plaintiff - Appellee, D.C. No. 3:10-cr-01994-JLS v. MEMORANDUM * JAVIER GARCIA-GALINDO, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Janis L. Sammartino, District Judge, Presiding Submitted May 24, 2011 ** Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.

Javier Garcia-Galindo appeals from the 63-month sentence imposed following his guilty plea conviction for attempted reentry after 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).

Garcia-Galindo contends that the district court procedurally erred by failing to explain why it disagreed with his arguments for a downward variance under 18 U.S.C. § 3553(a). The record reflects that the district court considered Garcia- Galindo’s arguments in mitigation, 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 the sentence is procedurally sound. See United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc). Moreover, the sentence at the low-end of the Guidelines range is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors, and under the totality of the circumstances. See Gall v. United States, 552 U.S. 38, 51 (2007).

AFFIRMED.

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