United States v. Isaias Avila-Villegas

Court of Appeals for the Ninth Circuit · 11-50038 · 2011-10-28 · Unpublished

UNITED STATES of America, Plaintiff-Appellee, v. Isaias AVILA-VILLEGAS, Defendant-Appellant

Area: other
Panel: Stephen S. Trott (author), Gould, Johnnie B. Rawlinson

Analysis

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Opinion

FILED NOT FOR PUBLICATION OCT 28 2011

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. 11-50038 Plaintiff - Appellee, D.C. No. 3:10-cr-02909-DMS v. MEMORANDUM * ISAIAS AVILA-VILLEGAS, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Dana M. Sabraw, District Judge, Presiding Submitted October 25, 2011 ** Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.

Isaias Avila-Villegas appeals from the 37-month sentence imposed following his guilty-plea conviction for attempted entry after deportation, 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). Avila-Villegas contends that his sentence is substantively unreasonable. The record reflects that Avila-Villegas’ sentence, nine months below the bottom of the original Guidelines range, 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) (affirming application of a 16-level enhancement based on a prior conviction for a crime of violence, and distinguishing United States v. Amezcua- Vasquez, 567 F.3d 1050 (9th Cir. 2009)).

AFFIRMED.

2 11-50038