United States of America v. Noel Sandoval-Aguilar

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
EH/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
NOEL SANDOVAL-AGUILAR,
Defendant - Appellant.
No. 09-50112
D.C. No. 3:08-CR-03173-LAB
MEMORANDUM *
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Noel Sandoval-Aguilar appeals from the 60-month sentence imposed
following his guilty-plea conviction for attempted entry after deportation, in
FILED
JAN 11 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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EH/Research 09-50112 2
violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291,
and we affirm.
Sandoval-Aguilar contends that the district court procedurally erred by
failing to consider sentencing disparities, that his sentence is punishment for
exercising his rights, and that the district court failed to adequately explain his
sentence. Sandoval-Aguilar also contends that his sentence is substantively
unreasonable because it is greater than necessary in light of his mitigating factors.
A review of the record demonstrates that the district court did not procedurally err,
and that the sentence is substantively reasonable. See United States v. Carty, 520
F.3d 984, 991-93 (9th Cir. 2008) (en banc).
Finally, Sandoval-Aguilar contends, without supporting argument, that the
statutory maximum for his offense is 24 months. This court has held that the
statutory maximum for reentry crimes is 20 years where, as here, the defendant has
received a sentencing enhancement pursuant to 8 U.S.C. § 1326(b). See United
States v. Covian-Sandoval, 462 F.3d 1090, 1096-97 (9th Cir. 2006).
AFFIRMED.

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