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

United States v. Oliverio Estrada-Lemus

United States v. Oliverio Estrada-Lemus
U.S. Court of Appeals for the Ninth Circuit · Decided March 9, 2011 · Canby, Fernandez, Smith
420 F. App'x 681

United States v. Oliverio Estrada-Lemus

Opinion

MEMORANDUM **

Oliverio Alonso Estrada-Lemus appeals from the 86-month sentence imposed following his conviction for being a deported alien found unlawfully in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Estrada-Lemus 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 because he is unlikely to reoffend. In light of the totality of the circumstances and the factors set forth in 18 U.S.C. § 3553(a), 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 Amezcua-Vasquez).

AFFIRMED.

**

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.