U.S. Court of Appeals for the Ninth Circuit, 2010

United States v. Raymond Salazar-agundes

United States v. Raymond Salazar-agundes
U.S. Court of Appeals for the Ninth Circuit · Decided July 7, 2010 · Alarcón, Leavy, Graber
386 F. App'x 640

United States v. Raymond Salazar-agundes

Opinion

MEMORANDUM **

Raymond Salzar-Agundes appeals from the 40-month sentenced imposed following his guilty-plea conviction for illegal re-entry of a deported alien, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Salazar-Agundes contends that his sentence is unreasonable because the district court committed a procedural error in failing adequately to explain his 40-month sentence, which is below the Sentencing Guidelines range of 46-57 months. This contention is belied by the record, which contains an adequate explanation. United States v. Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en banc).

Salazar-Agundes also contends that his sentence is substantively unreasonable in light of this Court’s decision in United States v. Amezcua-Vasquez, 567 F.3d 1050, 1054-56 (9th Cir. 2009). Salazar-Agundes contends that under this Court’s reasoning in Amezcuar-Vasquez, his qualifying crime of violence conviction was too stale. Therefore, the district court should not have applied the 16-level sentencing *641 enhancement under U.S.S.G. § 2L1.2(B)(l)(A)(ii). The record, however, reflects that the district court considered Salazar-Agundes’ argument in this regard and found that the facts in the instant case justified a sentence below the Guidelines range. The district court nevertheless found the facts insufficient to justify Salazar-Agundes’ request for a much lower sentence. Accordingly, under the totality of the circumstances, Salazar-Agundes’ sentence is substantively reasonable. Gall v. United States, 552 U.S. 38, 53-60, 128 S.Ct. 586,169 L.Ed.2d 445 (2007).

AFFIRMED.

**

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

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