United States v. Efrain Razo-Maya

U.S. Court of Appeals for the Ninth Circuit
United States v. Efrain Razo-Maya, 455 F. App'x 789 (9th Cir. 2011)

United States v. Efrain Razo-Maya

Opinion

MEMORANDUM **

Efrain Razo-Maya appeals from the 24- *790 month sentence imposed following his guilty-plea 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.

Razo-Maya contends that his sentence is substantively unreasonable because he has no prior felony convictions. As Razo-Maya’s concedes, his prior gross misdemeanor conviction qualified as an aggravated felony under 8 U.S.C. § 1101(a)(43). See United States v. Gonzalez-Tamariz, 310 F.3d 1168, 1170-71 (9th Cir. 2002). Thus, the district court did not err in imposing an eight-level sentencing enhancement. See U.S.S.G. § 2L1.2(b)(1)(C). Moreover, in light of the totality of the circumstances and the sentencing factors set forth in 18 U.S.C. § 3553(a), the sentence 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 provid *790 ed by 9 th Cir. R. 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Efrain RAZO-MAYA, Defendant-Appellant
Status
Unpublished