United States v. Cortes

347 F. App'x 348

Opinion

MEMORANDUM

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Julio Cortes appeals from the 120-month sentence imposed following his guilty-plea conviction for receipt of child pornography, in violation of 18 U.S.C. § 2252A(a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Cortes contends that the district court erred by failing to grant his request for a sentence below the Guidelines range. We review for reasonableness. See United States v. Mohamed, 459 F.3d 979, 986-88 (9th Cir.2006). The record reflects that the district court thoroughly considered the § 3553(a) factors, including Cortes’ arguments in mitigation, prior to imposing a sentence in the middle of the Guidelines range. The district court did not procedurally err, and the sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38, 128 S.Ct. 586, 596-97, 169 L.Ed.2d 445 (2007); see also United States v. Carty, 520 F.3d 984, 991-93 (9th Cir.2008) (en banc).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.