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- Unpublished