United States v. Guillermo Godinez

426 F. App'x 534

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 11, 2011
• Docket: 10-50332
• Status: Unpublished

Opinion

MEMORANDUM **

Guillermo Godinez appeals from the 72-month sentence imposed following his 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.

Godinez contends that the district court procedurally erred by failing to explain adequately its sentence and by failing to address nonfrivolous mitigating arguments. The contention is belied by the record. He further contends that his sentence reflects improper double counting of his criminal history. This contention is foreclosed by United States v. Garcia-Cardenas, 555 F.3d 1049, 1050 (9th Cir.2009) (per curiam).

Godinez also contends that his sentence is substantively unreasonable under United States v. Amezcuar-Vasquez, 567 F.3d 1050 (9th Cir.2009), because the sentence does not adequately account for the age of his prior convictions and his individual circumstances. In light of the totality of the circumstances and the factors set forth in 18 U.S.C. § 3553(a), the sentence is substantively reasonable. See AmezcuoAVasquez, 567 F.3d. at 1058.

AFFIRMED.

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