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UNITED STATES of America, Plaintiff-Appellee, v. Oliverio Alonso ESTRADA-LEMUS, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2011-03-09No. No. 10-10198
420 F. App'x 681

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Opinion

majority opinion

MEMORANDUM

Oliverio Alonso Estrada-Lemus appeals from the 86-month sentence imposed following his conviction for being a deported alien found unlawfully in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Estrada-Lemus contends that his sentence is substantively unreasonable because the district court failed to consider the age of his prior conviction under United States v. Amezcua-Vasquez, 567 F.3d 1050 (9th Cir.2009), and because he is unlikely to reoffend. In light of the totality of the circumstances and the factors set forth in 18 U.S.C. § 3553(a), the sentence is substantively reasonable. See United States v. Valencia-Barragan, 608 F.3d 1103, 1108-09 (9th Cir.2010) (emphasizing the limited scope of Amezcua-Vasquez).

AFFIRMED.

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