United States v. Juan Aguilar-Perez

FILED

NOT FOR PUBLICATION FEB 29 2012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. 11-30172

Plaintiff - Appellee, D.C. No. 2:10-cr-02018-EFS-

v.

MEMORANDUM *

JUAN AGUILAR-PEREZ,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Washington Edward F. Shea, District Judge, Presiding

Submitted February 21, 2012 **

Before: FERNANDEZ, McKEOWN and BYBEE, Circuit Judges.

Juan Aguilar-Perez appeals from the 77–month sentence imposed following

his guilty-plea conviction for being in the United States 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). Aguilar-Perez contends that his sentence was substantively unreasonable.

His sentence at the low end…