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

United States v. Jimenez-Aguilera

United States v. Jimenez-Aguilera
U.S. Court of Appeals for the Ninth Circuit · Decided October 12, 2010 · Callahan, Silverman, Smith
399 F. App'x 270

United States v. Jimenez-Aguilera

Opinion of the Court

MEMORANDUM **

Sergio Jimenez-Aguilera appeals from the 30-month sentence imposed following *271his 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.

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, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); United States v. Valencia-Barragan, 608 F.3d 1103, 1108-09 (9th Cir. 2010).

AFFIRMED.

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

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