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UNITED STATES of America, Plaintiff-Appellee, v. Winston Alexander AARONS, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2012-01-19No. Nos. 11-10291, 11-10292
466 F. App'x 644

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Opinion

majority opinion

MEMORANDUM

In these consolidated appeals, Winston Alexander Aarons appeals from the 46-month sentence imposed following his guilty-plea conviction for being a deported alien found unlawfully in the United States, in violation of 8 U.S.C. § 1326, and from the eight-month sentence imposed following revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Aarons contends that his 46-month sentence is substantively unreasonable under United States v. Amezeua-Vasquez, 567 F.3d 1050 (9th Cir.2009), given the staleness of his prior conviction, and his subsequent lack of drug trafficking convictions. The bottom-of-the-Guidelines sentence is substantively reasonable in light of the totality of the circumstances and the sentencing factors set forth in 18 U.S.C. § 3553(a). See United States v. Valeneiar-Barragan, 608 F.3d 1103, 1108-09 (9th Cir.2010) (district court did not abuse its discretion by applying 16-level enhancement where section 3553(a) factors supported within-Guidelines sentence). Further, the district court did not abuse its discretion by declining to vary downward on the basis of the proposed amendments to U.S.S.G. § 2L1.2(b). See United States v. Ruiz-Apolonio, 657 F.3d 907, 917-18 (9th Cir.2011).

Aarons also contends that his eight-month sentence is substantively unreasonable because the district court declined to make it a fully concurrent sentence. The bottom-of-the-Guidelines, partially concurrent sentence is substantively reasonable. See 18 U.S.C. § 3583(e); United States v. Miqbel, 444 F.3d 1173, 1182 (9th Cir.2006).

AFFIRMED.

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