United States v. Wilfredo Torres-Valenzuela
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FILED NOT FOR PUBLICATION FEB 22 2012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
- United States v. Valdovinos-Mendez 09-50532 · 2011-02-15