United States of America v. Luis Angel Botello, a.k.a. Juan Rodriguez-Jimenez

11-30222Court of Appeals for the Ninth CircuitFeb 23, 2012

Full text

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NOT FOR PUBLICATION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.
LUIS ANGEL BOTELLO, a.k.a. Juan
Rodriguez-Jimenez,
Defendant - Appellant.
Nos. 11-30222
11-30224
D.C. Nos. 2:10-cr-00156-LRS
2:10-cr-00160-LRS
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Lonny R. Suko, District Judge, Presiding
Submitted February 21, 2012**
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
In these consolidated appeals, Luis Angel Botello appeals from the
63-month sentence imposed following his guilty-plea conviction for being an alien
in the United States after deportation, in violation of 8 U.S.C. § 1326, and from the
FILED
FEB 23 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-30222 2
six-month concurrent sentence imposed following revocation of supervised release.
We have jurisdiction under 28 U.S.C. § 1291, and we affirm
Botello contends his sentences are substantively unreasonable. The within-
Guidelines sentences are substantively reasonable in light of the totality of the
circumstances and the sentencing factors set forth in 18 U.S.C. §§ 3553(a) and
3583(e). See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en
banc).
AFFIRMED.

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