gno.law

United States v. Wilfredo Torres-Valenzuela

Court of Appeals for the Ninth Circuit · 11-50328 · 2012-02-22 · Unpublished

UNITED STATES of America, Plaintiff-Appellee, v. Wilfredo TORRES-VALENZUELA, Defendant-Appellant

Area
other
Panel
Ferdinand F. Fernandez (author), Mary M. McKeown, Jay S. Bybee

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FILED NOT FOR PUBLICATION FEB 22 2012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, No. 11-50328 Plaintiff - Appellee, D.C. No. 3:11-cr-01025-JLS-1 v. MEMORANDUM * WILFREDO TORRES-VALENZUELA, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Janis L. Sammartino, District Judge, Presiding ** Submitted February 21, 2012 Before: FERNANDEZ, McKEOWN and BYBEE, Circuit Judges.

Wilfredo Torres-Valenzuela appeals the sentence imposed following his guilty plea to being a deported alien found in the United States in violation of 8 U.S.C. § 1326. Torres-Valenzuela contends that his 30-month sentence was * 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). substantively unreasonable. In light of the totality of the circumstances and the sentencing factors set forth in 18 U.S.C. § 3553(a), the sentence at the low end of the Guidelines range was reasonable. See Gall v. United States, 552 U.S. 38, 51, 128 S. Ct. 586, 169 L .Ed.2d 445 (2007).

Torres-Valenzuela’s contention that Nijhawan v. Holder, 557 U.S. 29, 129 S. Ct. 2294, 174 L.Ed.2d 22 (2009), overruled Almendarez–Torres v. United States, 523 U.S. 224, 118 S. Ct. 1219, 140 L. Ed.2d 350 (1998), is foreclosed by United States v. Valdovinos–Mendez, 641 F.3d 1031, 1035–36 (9th Cir. 2011).

AFFIRMED.

Cites, in this corpus