USA v. Bernardo Martinez-Ocampo, No. 10-50104 (9th Cir. 2011)

Annotate this Case

Download PDF

FILED FEB 17 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 10-50104 D.C. No. 3:09-cr-03412-GT v. MEMORANDUM * BERNARDO MARTINEZ-OCAMPO, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California Gordon Thompson, District Judge, Presiding Submitted February 15, 2011 ** Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges. Bernardo Martinez-Ocampo appeals from the 57-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). Martinez-Ocampo contends that the district court procedurally erred in imposing his low-end Guideline sentence and that the sentence is substantively unreasonable. The record reflects that the district court did not procedurally err, see United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc), and that, under the totality of the circumstances, the sentence at the bottom of the guidelines range is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51 (2007); see also Carty, 520 F.3d at 993. AFFIRMED. 2 10-50104

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.