United States v. Francisco Harrison-Ibarra

MEMORANDUM

Francisco Harrison-Ibarra appeals from the 30-month sentence imposed following his guilty-plea conviction for re-entry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Harrison-Ibarra contends that the district court failed to consider his policy-based objections to the 16-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(ii), and that his sentence is substantively unreasonable. The district court did not procedurally err and Harrison-Ibarra’s sentence, 16 months below the bottom of the Guidelines range, is reasonable in light of the totality of the circumstances and the 18 U.S.C. § 3553 (a) sentencing factors. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007); United States v. Valencia-Barragan, 608 F.3d 1103, 1108-09 (9th Cir.2010) (affirming application of a 16-level enhancement based on a prior conviction for a crime of violence).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.