United States of America v. Jose Jasso-Estrada

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NOT FOR PUBLICATION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.
JOSE JASSO-ESTRADA,
Defendant - Appellant.
No. 10-50567
D.C. No. 3:10-cr-01247-L
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
M. James Lorenz, District Judge, Presiding
Submitted September 27, 2011**
Before: SILVERMAN, W. FLETCHER, and MURGUIA, Circuit Judges.
Jose Jasso-Estrada appeals from the 30-month sentence imposed following
his guilty-plea conviction for attempted entry after deportation, in violation of
8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
OCT 13 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-50567 2
Jasso-Estrada contends that the sentence is substantively unreasonable. In
light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing
factors, the bottom-of-the-Guidelines sentence is not substantively unreasonable.
See Gall v. United States, 552 U.S. 38, 51 (2007).
Jasso-Estrada’s contention that Nijhawan v. Holder, ___ U.S. ___, 129 S. Ct.
2294 (2009), overruled Almendarez-Torres v. United States, 523 U.S. 224 (1998),
is foreclosed by United States v. Valdovinos-Mendez, 641 F.3d 1031, 1035-36 (9th
Cir. 2011).
AFFIRMED.

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