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

United States v. Rodolfo Dominguez-Sosa

United States v. Rodolfo Dominguez-Sosa
U.S. Court of Appeals for the Ninth Circuit · Decided October 5, 2011 · Hawkins, Silverman, Fletcher
452 F. App'x 734

United States v. Rodolfo Dominguez-Sosa

Opinion

MEMORANDUM **

Rodolfo Dominguez-Sosa appeals from the 46-month sentence imposed following his guilty-plea conviction for being a deported alien found unlawfully in the United States, in violation of 8 U.S.C. § 1326. We *735 have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Dominguez-Sosa contends that the district court abused its discretion by failing to impose a lower sentence in light of his limited criminal history and his cultural and family ties to the United States. The record reflects that the district court considered Dominguez-Sosa’s arguments and found that they were insufficient to impose a sentence below the Guidelines range. See United States v. Carty, 520 F.3d 984, 995 (9th Cir. 2008) (en banc). In light of the totality of the circumstances and the 18 U.S.C. § 3558(a) sentencing factors, 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).

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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