U.S.v.Rodriguez-Carrillo

United States Court of Appeals, Ninth CircuitMay 2, 2008
276 Fed. Appx. 652 (9th Cir. 2008)

No. 07-30376.

Submitted April 22, 2008.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed May 2, 2008.

Rafael M. Gonzalez, Jr., Esq., Alan G. Burrow, USBO-Office of the U.S. Attorney, Boise, ID, for Plaintiff-Appellee.

Robert K. Schwarz, Federal Defenders of Idaho Inc., Boise, ID, for Defendant-Appellant.

Appeal from the United States District Court for the District of Idaho, B. Lynn Winmill, District Judge, Presiding. D.C. No. CR-07-00093-BLW.

Before: GRABER, FISHER, and BERZON, Circuit Judges.


MEMORANDUM

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


Sebastian Rodriguez-Carrillo appeals from his 87-month sentence imposed following his guilty-plea conviction for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Rodriguez-Carrillo contends that the district court disregarded the sentencing factors under 18 U.S.C. § 3553(a). We conclude that the district court did not commit procedural error. See Gall v. United States, ___ U.S. ___, 128 S.Ct. 586, 598-599, 169 L.Ed.2d 445 (2007).

Rodriguez-Carrillo also contends that his sentence is unreasonable in that it is greater than necessary to accomplish the sentencing goals set forth under 18 U.S.C. § 3553(a). We conclude that the sentence is not substantively unreasonable in light of the factors contained in 18 U.S.C. § 3553(a). See id. at 600-602; see also United States v. Carty, 520 F.3d 984, 994-96 (9th Cir. 2008) (en banc).

AFFIRMED.