United States v. Wilfredo Torres-Valenzuela

MEMORANDUM

Wilfredo Torres-Valenzuela appeals the sentence imposed following his guilty plea to being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . Torres-Valenzuela contends that his 30-month sentence was substantively unreasonable. In light of the totality of the circumstances and the sentencing factors set forth in 18 U.S.C. § 3553 (a), the sentence at the low end of the Guidelines range was reasonable. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007).

Torres-Valenzuela’s contention that Nijhawan v. Holder, 557 U.S. 29 , 129 S.Ct. 2294 , 174 L.Ed.2d 22 (2009), overruled Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), is foreclosed by United States v. Valdovinos-Mendez, 641 F.3d 1031, 1035-36 (9th Cir.2011).

AFFIRMED.

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