U.S. v. DOMINGUEZ-SOSA, 10-10552 (9th Cir. 10-5-2011)
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. RODOLFODOMINGUEZ-SOSA, Defendant-Appellant.
No. 10-10552.United States Court of Appeals, Ninth Circuit.Submitted September 27, 2011.[fn**]
October 5, 2011.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.][fn**] The panel unanimously concludes this case is suitable for decision without oral argument. See
Fed.R.App.P. 34(a)(2).
MEMORANDUM[fn*]
[fn*] This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court for the District of Nevada Kent J. Dawson, District Judge, Presiding D.C. No. 2:10-cr-00066-KJD.
Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges.
Rodolfo Dominguez-Sosa appeals from the 46-month sentence imposed following his guilty-plea conviction for being a deported alien found unlawfully in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under28 U.S.C. § 1291, and we affirm.Page 2
Dominguez-Sosa contends that the district court abused its discretion by failing to impose a lower sentence in light of his limited criminal history and his cultural and family ties to the United States. The record reflects that the district court considered Dominguez-Sosa's arguments and found that they were insufficient to impose a sentence below the Guidelines range. See United States v. Carty, 520 F.3d 984, 995
(9th Cir. 2008) (en banc). In light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors, the sentence at the bottom of the Guidelines range is substantively reasonable. See Gall v. United States,552 U.S. 38, 51 (2007).
AFFIRMED.Page 1