United States v. Miguel Negron ( 2010 )

FILED
NOT FOR PUBLICATION MAR 31 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-50380
Plaintiff - Appellee, D.C. No. 3:08-cr-01007-JLS
v.
MEMORANDUM *
MIGUEL ANGEL NEGRON,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Janis L. Sammartino, District Judge, Presiding
Submitted March 16, 2010 **
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Miguel Angel Negron appeals from the 70-month sentence imposed
following his guilty-plea conviction for attempted entry after deportation, in
*
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).
SR/Research
violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C.
§ 1291, and we affirm.
Negron contends that the district court procedurally erred by failing to
consider and discuss certain facts and factors and also contends that the sentence is
substantively unreasonable. The record reflects that the district court did not
procedurally err, and the sentence is not substantively unreasonable in light of the
totality of the circumstances and the factors set forth in 18 U.S.C. § 3553(a). See
Gall v. United States, 552 U.S. 38, 49-51 (2007); Rita v. United States, 551 U.S.
338, 356-59 (9th Cir. 2007); United States v. Carty, 520 F.3d 984, 992-93 (9th Cir.
2008) (en banc).
AFFIRMED.
SR/Research 2 09-50380