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UNITED STATES of America, Plaintiff-Appellee, v. Jaime LEMUS-MARINES, a.k.a. Jaime Lemus, a.k.a. Jaime Lemus-Marilius, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2012-03-01No. No. 11-10218
470 F. App'x 565

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Opinion

majority opinion

MEMORANDUM

Jaime Lemus-Marines appeals from the 46-month sentence imposed following his guilty-plea conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Lemus-Marines contends that his sentence is procedurally unreasonable because the district court did not specifically discuss his principal arguments in favor of a shorter sentence. The record reflects that the district court adequately considered and addressed Lemus-Marines’s arguments and the 18 U.S.C. § 3553(a) sentencing factors. See Rita v. United States, 551 U.S. 338, 356-58, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007). Furthermore, in light of the totality of the circumstances and the section 3553(a) sentencing factors, Lemus-Marines’s within-Guidelines sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

AFFIRMED.

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