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UNITED STATES of America, Plaintiff-Appellee, v. Lizandro GARCIA-BERMUDEZ, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2011-03-09No. No. 10-10158
419 F. App'x 791

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Opinion

majority opinion

MEMORANDUM

Lizandro Gareia-Bermudez appeals from the 63-month sentence imposed following his conviction for re-entry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Gareia-Bermudez contends that the district court procedurally erred by failing to discuss all of the 18 U.S.C. § 3553(a) factors and imposed a substantively unreasonable sentence. The district court did not procedurally err by failing to discuss each of the section 3553(a) factors. See United States v. Carty, 520 F.3d 984, 992 (9th Cir.2008) (en banc) (holding that a sentencing court “need not tick off each of the § 3553(a) factors”). Furthermore, given the seriousness and age of Garcia-Ber-mudez’s prior offense, and in light of the totality of the circumstances, we conclude that the sentence is substantively reasonable. See id. at 993.

AFFIRMED.

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