USA V. JAIME LEMUS-MARINES, No. 11-10218 (9th Cir. 2012)
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FILED MAR 01 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 11-10218 D.C. No. 4:10-cr-02646-CKJ v. MEMORANDUM * JAIME LEMUS-MARINES, a.k.a. Jaime Lemus, a.k.a. Jaime Lemus-Marilius, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Cindy K. Jorgenson, District Judge, Presiding Submitted February 21, 2012 ** Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges. Jaime Lemus-Marines appeals from the 46-month sentence imposed following his guilty-plea conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and * 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). we affirm. Lemus-Marines contends that his sentence is procedurally unreasonable because the district court did not specifically discuss his principal arguments in favor of a shorter sentence. The record reflects that the district court adequately considered and addressed Lemus-Marines s arguments and the 18 U.S.C. § 3553(a) sentencing factors. See Rita v. United States, 551 U.S. 338, 356-58 (2007). Furthermore, in light of the totality of the circumstances and the section 3553(a) sentencing factors, Lemus-Marines s within-Guidelines sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51 (2007). AFFIRMED. 2 11-10218
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