U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Omar Montes-Anguiano

United States v. Omar Montes-Anguiano
U.S. Court of Appeals for the Ninth Circuit · Decided March 9, 2011 · Canby, Fernandez, Smith
419 F. App'x 792

United States v. Omar Montes-Anguiano

Opinion

MEMORANDUM **

Omar Fernando Montes-Anguiano appeals from the 48-month sentence imposed following his conviction for re-entry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Montes-Anguiano contends that his sentence is substantively unreasonable because the district court failed to consider the age of his prior conviction under United States v. Amezcua-Vasquez, 567 F.3d 1050 (9th Cir. 2009), and the fact that Montes-Anguiano was 17 years old at the time. In light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors, the sentence is substantively reasonable. See United States v. Valencia-Barragan, 608 F.3d 1103, 1108-09 (9th Cir. 2010) (emphasizing the limited scope of Amezcuar-Vasquez).

AFFIRMED.

**

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

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