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UNITED STATES of America, Plaintiff-Appellee, v. Hector SANCHEZ-CAMACHO, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2010-01-11No. No. 09-50108
361 F. App'x 882

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Opinion

majority opinion

MEMORANDUM

Hector Sanchez-Camacho appeals from the 48-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.

Sanchez-Camacho contends that the sentence is substantively unreasonable because the district court overstated the seriousness of his criminal history, and because the 16-level enhancement that was imposed pursuant to U.S.S.G. § 2L1.2(b)(l)(a) was triggered by a relatively minor and stale narcotics conviction. The record reflects that the district court properly considered Sanchez-Camacho’s individual circumstances and the required factors under 18 U.S.C. § 3553(a), and that, under the totality of the circumstances, the sentence below the guidelines range is not substantively unreasonable. See Gall v. United States, 552 U.S. 38, 51-52, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); United States v. Autery, 555 F.3d 864, 877 (9th Cir.2009).

AFFIRMED.

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