USA v. Santos Tolentino-Avila, No. 10-50421 (9th Cir. 2011)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 11 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff -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. 10-50421 D.C. No. 3:10-cr-01736-GT v. MEMORANDUM * SANTOS TOLENTINO-AVILA, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California Gordon Thompson, District Judge, Presiding Submitted April 5, 2011 ** Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges. 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. * 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). 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. 2 10-50421
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