United States of America v. Pedro Meza-Puentes, a.k.a. Pedro Puentes, a.k.a. Pedro Puentes-Meza

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
PEDRO MEZA-PUENTES, a.k.a. Pedro
Puentes, a.k.a. Pedro Puentes-Meza,
Defendant - Appellant.
No. 10-10104
D.C. No. 4:08-cr-00281-DCB-GEE
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted January 10, 2011**
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Pedro Meza-Puentes appeals from the 84-month sentence imposed following
his guilty-plea conviction for re-entry after deportation, in violation of 8 U.S.C. §
1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
JAN 21 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-10104 2
Meza-Puentes contends that his sentence is substantively unreasonable under
United States v. Amezcua-Vasquez, 567 F.3d 1050 (9th Cir. 2009), in light of the
staleness of the prior conviction that was the basis for a 16-level enhancement
under U.S.S.G. § 2L1.2(b)(1)(A)(ii), the circumstances of that offense, his age at
the time of that offense, and his alleged cultural assimilation. The record reflects
that the 84-month sentence is substantively reasonable in light of the totality of the
circumstances and the factors set forth in 18 U.S.C. § 3553(a). See Gall v. United
States, 552 U.S. 38, 51-52 (2007); cf. Amezcua-Vasquez, 567 F.3d at 1057-58
(recognizing it is not unreasonable to apply the enhancement simply because the
conviction is too old to be counted in the criminal history, and the need to consider
subsequent criminal history, adequacy of deterrence, and protection of the public).
AFFIRMED.

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