Ornelas-Banuelos

MEMORANDUM ***

Defendant-Appellant Claudio Ornelas-Banuelos appeals the imposition of a 77 month sentence by the United States District Court for the Eastern District of California after pleading guilty to being a deported alien found in the United States. Appellant alleges that the district court imposed an unreasonable sentence (1) by adopting language of the Presentence Investigation Report (“P.S.R.”) without considering the factors in 18 U.S.C. § 3553 (a) and (2) failing to consider defendant’s arguments about over-representation of his criminal history and a perceived sentencing disparity between defendant and others convicted of the same crime. Finding no reversible error and the sentence to be reasonable, we affirm the district court’s sentence.

DISCUSSION

No longer mandatory after United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), the Federal Sentencing Guidelines now grant district courts discretion to determine sentences according to the provisions of 18 U.S.C. § 3553 (a) after first determining the correct advisory guideline range. United States v. Mix, 457 F.3d 906, 911 (9th Cir. *647 2006). This Court has jurisdiction to review for…