USA V. MARIO ALONSO-MALDONADO, No. 10-10555 (9th Cir. 2012)

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FILED FEB 23 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 10-10555 D.C. No. 2:10-cr-00197-GMN v. MEMORANDUM * MARIO ALBERTO ALONSOMALDONADO, Defendant - Appellant. Appeal from the United States District Court for the District of Nevada Gloria M. Navarro, District Judge, Presiding Submitted February 21, 2012 ** Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges. Mario Alberto Alonso-Maldonado 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 have * 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). jurisdiction under 28 U.S.C. § 1291, and we affirm. Alonso-Maldonado contends that his sentence is substantively unreasonable, in light of the staleness of his prior conviction and his cultural assimilation. Under the totality of the circumstances, including Alonso-Maldonado s criminal history and three previous deportations, the sentence at the bottom of the Guidelines range is substantively reasonable. See 18 U.S.C. § 3553(a); Gall v. United States, 552 U.S. 38, 51 (2007). To the extent Alonso-Maldonado contends that the district court procedurally erred by failing to provide an adequate explanation for the sentence, the record belies his contention. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc). AFFIRMED. 2 10-10555

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