United States v. Carlos Martinez-Aguiniga

MEMORANDUM

Carlos Martinez-Aguiniga appeals from the 57-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 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Martinez-Aguiniga contends that the sentence at the bottom of the guidelines range is substantively unreasonable in light of the factors under 18 U.S.C. § 3553 (a), and because it is based on a 16-level enhancement he received under U.S.S.G. § 2L1.2(b)(l)(A) for a crime of violence he committed 23 years prior to his arrest in the instant case. The record reflects that the district court considered and rejected Martinez-Aguiniga’s arguments regarding the staleness of his crime of violence conviction and gave thorough consideration to the § 3553(a) factors at sentencing. Cf. United States v. Amezcua-Vasquez, 567 F.3d 1050, 1055-56 (9th Cir.2009). Accordingly, and in light of the totality of the circumstances, the sentence is not substantively unreasonable. See Gall v. United States, 552 U.S. 38, 51-52 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007); United States v. Carty, 520 F.3d 984, 991-93, 996 (9th Cir.2008) (en…