United States v. Sergio Jimenez-Aguilera
- Proceeding
- appeal
- Trial court
- United States District Court for the Southern District of California
- Trial judge
- Janis L. Sammartino (district judge)
- Outcome
- affirmed — AFFIRMED.
- Area
- criminal
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
FILED NOT FOR PUBLICATION OCT 12 2010
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, No. 09-50489 Plaintiff - Appellee, D.C. No. 3:09-cr-02166-JLS v. MEMORANDUM * SERGIO JIMENEZ-AGUILERA, Defendant - Appellant.
Appeal from the United States District Court for the Southern District of California Janis L. Sammartino, District Judge, Presiding ** Submitted September 13, 2010 Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Sergio Jimenez-Aguilera appeals from the 30-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
* 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). Jimenez-Aguilera contends that the district court failed to consider properly his personal circumstances and that his sentence is substantively unreasonable.
The district court did not procedurally err and Jimenez-Aguilera’s sentence is reasonable in light of the totality of the circumstances and the 18 U.S.C. § 3553(a)
sentencing factors. See Gall v. United States, 552 U.S. 38, 51 (2007); United States v. Valencia-Barragan, 608 F.3d 1103, 1108-09 (9th Cir. 2010).
AFFIRMED.
2 09-50489