United States v. Adrian Chavez-Silva , 363 F. App'x 484 ( 2010 )


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  •                                                                              FILED
    NOT FOR PUBLICATION                                 JAN 26 2010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. 08-10413
    Plaintiff - Appellee,              D.C. No. 4:08-CR-00033-RCC
    v.
    MEMORANDUM *
    ADRIAN CHAVEZ-SILVA,
    Defendant - Appellant.
    Appeal from the United States District Court
    for the District of Arizona
    Raner C. Collins, District Judge, Presiding
    Submitted January 11, 2010 **
    Before:        BEEZER, TROTT, and BYBEE, Circuit Judges.
    Adrian Chavez-Silva appeals from the 84-month sentence imposed
    following his guilty-plea conviction for illegal reentry after deportation, in
    violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C.
    *
    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).
    AK/Research
    § 1291, and we affirm.
    Chavez-Silva contends that the district court erred by not granting a third-
    point reduction for acceptance of responsibility because the government’s refusal
    to move for the reduction was arbitrary and not rationally related to a legitimate
    government end. This court has held that the government’s decision not to move
    for the additional level reduction is not arbitrary if the government is forced to
    anticipate and defend the appeal of a sentence. See United States v. Medina-
    Beltran, 
    542 F.3d 729
    , 731 (9th Cir. 2008) (per curiam).
    Chavez-Silva also contends that the sentence is unreasonable because the
    district court declined to grant a downward departure for imperfect duress and
    failed to consider the 18 U.S.C. § 3553(a) sentencing factors. The record as a
    whole reflects that the district court adequately considered Chavez-Silva’s
    arguments in support of his request for a departure and/or a variance, but found the
    circumstances insufficient to justify a sentence below the advisory Guidelines
    range. The district court did not procedurally err and the sentence is substantively
    reasonable under the totality of the circumstances. See Gall v. United States, 
    552 U.S. 38
    , 51-52 (2007); see also United States v. Carty, 
    520 F.3d 984
    , 993 (9th Cir.
    2008) (en banc).
    AFFIRMED.
    AK/Research                                2                                     08-10413
    

Document Info

Docket Number: 08-10413

Citation Numbers: 363 F. App'x 484

Filed Date: 1/26/2010

Precedential Status: Non-Precedential

Modified Date: 1/12/2023