USA v. Carlos Gonzalez-Salmeron, No. 10-10040 (9th Cir. 2011)

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FILED JAN 04 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 10-10040 D.C. No. 4:08-cr-01085-DCB v. MEMORANDUM * CARLOS GONZALEZ-SALMERON, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona David C. Bury, District Judge, Presiding Submitted December 14, 2010 ** Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges. Carlos Gonzalez-Salmeron appeals from the 34-month sentence imposed following his jury-trial conviction for re-entry 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). Gonzalez-Salmeron contends that the district court procedurally erred by not adequately considering all the 18 U.S.C. § 3553(a) sentencing factors. The district court did not procedurally err. See United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc). Gonzalez-Salmeron also contends that the sentence was substantively unreasonable. In light of the totality of the circumstances, the district court s sentence within the Guidelines range is substantively reasonable. See id. AFFIRMED. 2 10-10040

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