USA v. David Casas-Herrera, No. 10-50107 (9th Cir. 2010)

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FILED NOV 22 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 10-50107 D.C. No. 3:06-cr-00810-WQH v. MEMORANDUM * DAVID CASAS-HERRERA, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding Submitted November 16, 2010 ** Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges. David Casas-Herrera appeals from the 10-month sentence imposed following revocation of his supervised release. 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). Casas-Herrera contends that the sentence is unreasonable because the district court procedurally erred in failing to adequately address his mitigating arguments and explain the reasons for imposing a 10-month sentence. The record reflects that the district court did not procedurally err. See Rita v. United States, 551 U.S. 338, 358-59 (2007). The record also reflects that, under the totality of the circumstances, Casas-Herrera s sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51-52 (2007); see also United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc). AFFIRMED. 2 10-50107

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