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UNITED STATES of America, Plaintiff-Appellee, v. Santos GARCIA-MENDOZA, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2011-01-05No. No. 10-10087
407 F. App'x 261

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Opinion

majority opinion

MEMORANDUM

Santos Garcia-Mendoza appeals from the 28-month sentence imposed following his guilty-plea conviction for illegal re-entry following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Garcia-Mendoza contends that the district court procedurally erred by imposing a sentence without properly considering his arguments with respect to the application of the 16-level enhancement at U.S.S.G. § 2L1.2(b)(1)(A) based upon his prior conviction for a crime of violence. The record reflects that the district court listened to and considered Garcia-Mendoza’s arguments in this regard, but found the circumstances insufficient to warrant a sentence lower than the one imposed. See United States v. Carty, 520 F.3d 984, 995-96 (9th Cir.2008) (en banc); see also United States v. Ruiz-Chairez, 493 F.3d 1089, 1091 (9th Cir.2007).

Garcia-Mendoza also contends that the sentence imposed is substantively unreasonable in light of the significant mitigating factors surrounding his prior conviction and personal circumstances. Under the totality of the circumstances, the below-Guidelines sentence is substantively reasonable. See Carty, 520 F.3d at 991-93; Gall v. United States, 552 U.S. 38, 51-52, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

AFFIRMED.

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