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UNITED STATES of America, Plaintiff-Appellee, v. Santos TOLENTINO-AVILA, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2011-04-11No. No. 10-50421
426 F. App'x 506

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Opinion

majority opinion

MEMORANDUM

Santos Tolentino-Avila appeals from the 18-month sentence imposed following his guilty-plea 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.

Tolentino-Avila contends that the district court procedurally erred by failing to address and consider his non-frivolous arguments in support of a lower sentence. The record reflects that the district court considered Tolentino-Avila’s mitigating arguments regarding his personal history and future plans, but found the circumstances insufficient to warrant a sentence below the Guidelines range. See United States v. Stoterau, 524 F.3d 988, 999-1000 (9th Cir.2008). The district court provided an adequate explanation for the sentence imposed, and did not otherwise procedurally err. See 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.