FILED

NOT FOR PUBLICATION DEC 27 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T O F AP PE ALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-50077

Plaintiff - Appellee, D.C. No. 3:09-cr-01980-LAB v.

MEMORANDUM * JOSE HUGO MENDOZA,

Defendant - Appellant.

Appeal from the United States District Court

for the Southern District of California

Larry A. Burns, District Judge, Presiding

Submitted December 14, 2010 ** Before: GOODWIN, WALLACE, and W. FLETCHER, Circuit Judges.

Jose Hugo Mendoza appeals from the 77-month sentence imposed following his guilty-plea conviction for attempted entry after deportation, in violation of 8 U.S.C. § 1326, and false claim to United States citizenship, in violation of 18 U.S.C. § 911. 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).

Mendoza contends that the sentence at the bottom of the Guidelines range is substantively unreasonable in light of his impaired mental abilities. The record reflects that the sentence is procedurally sound, and that, in light of the totality of the circumstances, was neither an abuse of discretion nor substantively unreasonable. See Gall v. United States, 552 U.S. 38, 51-52 (2007); United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc).

AFFIRMED.

2 10-50077