FILED

NOT FOR PUBLICATION OCT 12 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 09-50489

Plaintiff - Appellee, D.C. No. 3:09-cr-02166-JLS v.

MEMORANDUM * SERGIO JIMENEZ-AGUILERA,

Defendant - Appellant.

Appeal from the United States District Court

for the Southern District of California

Janis L. Sammartino, District Judge, Presiding

**

Submitted September 13, 2010 Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.

Sergio Jimenez-Aguilera appeals from the 30-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

*

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

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Jimenez-Aguilera contends that the district court failed to consider properly his personal circumstances and that his sentence is substantively unreasonable. The district court did not procedurally err and Jimenez-Aguilera’s sentence is reasonable in light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors. See Gall v. United States, 552 U.S. 38, 51 (2007); United States v. Valencia-Barragan, 608 F.3d 1103, 1108-09 (9th Cir. 2010).

AFFIRMED.

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