USA v. Lucio Mora-Tarula, No. 10-50108 (9th Cir. 2011)
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FILED FEB 23 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 10-50108 D.C. No. 3:09-cr-00174-BEN v. MEMORANDUM * LUCIO MORA-TARULA, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California Roger T. Benitez, District Judge, Presiding Submitted February 15, 2011 ** Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges. Lucio Mora-Tarula appeals from the 72-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). Mora-Tarula argues that the district court procedurally erred in failing to explain the sentence adequately and failing to consider the § 3553(a) factors. We review for plain error, see United States v. Dallman, 533 F.3d 755, 761 (9th Cir. 2008), and affirm because Mora-Tarula has not established plain error by the district court, much less that his substantial rights may have been affected, see id. at 761-62. Mora-Tarula also contends that his sentence is substantively unreasonable. In light of the totality of the circumstances and the factors set forth in 18 U.S.C. § 3553(a), the below-Guidelines sentence is not substantively unreasonable. See Gall v. United States, 552 U.S. 38, 51 (2007); United States v. Valencia-Barragan, 608 F.3d 1103, 1108-09 (9th Cir. 2010). AFFIRMED. 2 10-50108
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