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UNITED STATES of America, Plaintiff-Appellee, v. Salvador AVINA-BILLA, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2010-01-04No. No. 09-50118
360 F. App'x 937

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Opinion

majority opinion

MEMORANDUM

Salvador Avina-Billa appeals from the 71-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Avina-Billa contends that his sentence is unreasonable in light of the fact that the district court failed to consider certain defendant-specific facts. He also contends that his sentence is substantively unreasonable. The record reflects that the district court did not base the sentence on clearly erroneous facts, considered the 18 U.S.C. § 3553(a) factors, and imposed a sentence that is substantively reasonable in light of the totality of the circumstances and the § 3553(a) sentencing factors. See Gall v. United States, 552 U.S. 38, 53-60, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); cf. United States v. Amezcua-Vasquez, 567 F.3d 1050, 1054-58 (9th Cir.2009).

AFFIRMED.

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