United States v. Sergio Jimenez-Aguilera

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NOT FOR PUBLICATION OCT 12 2010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…