United States v. Winston Aarons

MEMORANDUM

In these consolidated appeals, Winston Alexander Aarons appeals from the 46-month sentence imposed following his guilty-plea conviction for being a deported alien found unlawfully in the United States, in violation of 8 U.S.C. § 1326 , and from the eight-month sentence imposed following revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Aarons contends that his 46-month sentence is substantively unreasonable under United States v. Amezeua-Vasquez, 567 F.3d 1050 (9th Cir.2009), given the staleness of his prior conviction, and his subsequent lack of drug trafficking convictions. The bottom-of-the-Guidelines sentence is substantively reasonable in light of the totality of the circumstances and the sentencing factors set forth in 18 U.S.C. § 3553 (a). See United States v. Valeneiar-Barragan, 608 F.3d 1103, 1108-09 (9th Cir.2010) (district court did not abuse its discretion by applying 16-level enhancement where section 3553(a) factors supported within-Guidelines sentence). Further, the district court did not abuse its discretion by declining to vary downward on the basis of the proposed amendments to U.S.S.G. § 2L1.2(b). See…