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

United States v. Jose Reyna-Robles

United States v. Jose Reyna-Robles
U.S. Court of Appeals for the Ninth Circuit · Decided June 24, 2011 · Canby, O'Scannlain, Fisher
439 F. App'x 675

United States v. Jose Reyna-Robles

Opinion

MEMORANDUM **

Jose Luis Reyna-Robles appeals from the sentence of 13 months and one day imposed following his guilty-plea conviction for reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Reyna-Robles contends that his sentence is substantively unreasonable because he should have been granted a departure or variance based on cultural assimilation. In light of the totality of the circumstances and the 18 U.S.C. § 3553(a) factors, Reyna-Robles’s sentence within the Guidelines range is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

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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