United States v. Gilberto Sanchez-Montano
Opinion
Opinion
MEMORANDUM
Gilberto Sanchez-Montano appeals from his jury-trial conviction and 48-month sentence 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.
Sanchez-Montano contends that his sentence is substantively unreasonable because the district court failed to account for the staleness of his prior felony conviction that triggered a 16-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A). This contention lacks merit. The record reflects that the district court considered the age of the conviction, in conjunction with the 18 U.S.C. § 3553 (a) sentencing factors, prior to granting a downward variance from the adjusted Guidelines range. The sentence is substantively reasonable under the totality of the circumstances and in light of the § 3553(a) sentencing factors. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007).
Sanchez-Montano’s contention that his Sixth Amendment right to confrontation was violated by the admission of a warrant of removal is foreclosed. See United States v. Orozco-Acosta, 607 F.3d 1156, 1164 (9th Cir.2010).