Cervantes-Valero

MEMORANDUM **

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

Cervantes-Valero contends that the district court procedurally erred by: (1) failing to adequately explain the sentence; *169 and (2) failing to consider the sentencing factors under 18 U.S.C. § 3553 (a). We conclude that the district court did not procedurally err. See United States v. Perez-Perez, 512 F.3d 514, 516 (9th Cir.2008); see also United States v. Carty, 520 F.3d 984, 992, 995-96 (9th Cir.2008) (en banc).

Cervantes-Valero also contends that the sentence is substantively unreasonable in light of various factors under § 3553(a). We conclude that the sentence is substantively reasonable in light of the totality of the circumstances. See Carty, 520 F.3d at 993 .

Finally, Cervantes-Valero contends that, under the doctrine of constitutional avoidance, the statutory maximum for his offense is two years because the fact of his prior conviction was neither submitted to a jury nor admitted in a guilty plea, and the necessary level of proof…