United States v. Isaias Avila-Villegas

MEMORANDUM

Isaías Avila-Villegas appeals from the 37-month sentence imposed following his guilty-plea conviction for attempted entry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Avila-Villegas contends that his sentence is substantively unreasonable. The record reflects that Avila-Villegas’ sentence, nine months below the bottom of the original 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. Valencias-Barra-gan, 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, and distinguishing United States v. Amezcua-Vasquez, 567 F.3d 1050 (9th Cir.2009)).

AFFIRMED.

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