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UNITED STATES of America, Plaintiff-Appellee, v. Eliseo Cruz OSORIO, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2010-04-19No. No. 09-10245
376 F. App'x 752

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Opinion

majority opinion

MEMORANDUM

Eliseo Cruz Osorio appeals from the 11-month sentence imposed following revocation of his supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Osorio contends that his sentence is substantively unreasonable in light of his individual circumstances, including the facts that he reentered the United States due to economic necessity and that his criminal record predates his supervised release violation. The record reflects that, under the totality of the circumstances, Osorio’s sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51-52, 128 S.Ct. 586, 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.