FILED NOT FOR PUBLICATION FEB 23 2012

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, Nos. 11-30222 11-30224 Plaintiff - Appellee, D.C. Nos. 2:10-cr-00156-LRS v. 2:10-cr-00160-LRS

LUIS ANGEL BOTELLO, a.k.a. Juan MEMORANDUM * Rodriguez-Jimenez, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Washington Lonny R. Suko, District Judge, Presiding

Submitted February 21, 2012 **

Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.

In these consolidated appeals, Luis Angel Botello appeals from the

63-month sentence imposed following his guilty-plea conviction for being an alien

in the United States after deportation, in violation of 8 U.S.C. § 1326, and from the

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). six-month concurrent sentence imposed following revocation of supervised release.

We have jurisdiction under 28 U.S.C. § 1291, and we affirm

Botello contends his sentences are substantively unreasonable. The within-

Guidelines sentences are substantively reasonable in light of the totality of the

circumstances and the sentencing factors set forth in 18 U.S.C. §§ 3553(a) and

3583(e). See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en

banc).

AFFIRMED.

2 11-30222