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UNITED STATES of America, Plaintiff-Appellee, v. Felipe ZAMORA-VILLELA, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2011-01-21No. No. 09-50595
411 F. App'x 114

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Opinion

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MEMORANDUM

Felipe Zamora-Villela appeals from the 36-month mandatory minimum sentence imposed following his jury-trial conviction for bringing in illegal aliens for financial gain, in violation of 8 U.S.C. § 1324(a)(2)(B)(ii), bringing in illegal aliens without presentation, in violation of 8 U.S.C. § 1324(a)(2)(B)(iii), and aiding and abetting, in violation of 18 U.S.C. § 2. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Zamora-Villela contends that because 18 U.S.C. § 3553(a) permits a district court to impose a sentence below a mandatory minimum, the district court erred by imposing a substantively unreasonable sentence. Zamora-Villela’s contention is foreclosed by United States v. Wipf, 620 F.3d 1168, 1170-71 (9th Cir.2010) (Subsection (a) of section 3553 does not authorize a court to impose a sentence below the mandatory statutory minimum).

AFFIRMED.

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