United States of America v. Jaime Valencia-Amezola

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NOT FOR PUBLICATION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.
JAIME VALENCIA-AMEZOLA,
Defendant - Appellant.
No. 11-50512
D.C. No. 3:11-cr-03687-JLS
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Janis L. Sammartino, District Judge, Presiding
Submitted March 12, 2013**
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
Jaime Valencia-Amezola appeals from the district court’s judgment and
challenges the 46-month sentence imposed following his guilty-plea conviction for
being a deported alien found in the United States, in violation of 8 U.S.C. § 1326.
FILED
MAR 21 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-50512 2
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Valencia-Amezola contends that the district court procedurally erred by
failing to explain sufficiently a 12-level enhancement under U.S.S.G.
§ 2L1.2(b)(1)(A). We review for plain error, see United States v. Valencia-
Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. The district court
gave a thorough explanation of its sentence, and it was not required to consider a
policy challenge to the Guidelines that Valencia-Amezola did not raise. See United
States v. Carper, 659 F.3d 923, 925 (9th Cir. 2011).
Valencia-Amezola also contends that his sentence is substantively
unreasonable in light of the staleness of his prior drug conviction, which triggered
the 12-level enhancement. The district court did not abuse its discretion in
imposing Valencia-Amezola’s sentence. See Gall v. United States, 552 U.S. 38, 51
(2007). The sentence at the bottom of Guidelines is substantively reasonable in
light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the
circumstances, including Valencia-Amezola’s seven prior criminal convictions and
multiple prior deportations. See id.; United States v. Orozco-Acosta, 607 F.3d
1156, 1167 (9th Cir. 2010).
AFFIRMED.

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