United States of America v. Jose Hugo Mendoza

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NOT FOR PUBLICATION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 HUGO MENDOZA,
Defendant - Appellant.
No. 10-50077
D.C. No. 3:09-cr-01980-LAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and W. FLETCHER, Circuit Judges.
Jose Hugo Mendoza appeals from the 77-month sentence imposed following
his guilty-plea conviction for attempted entry after deportation, in violation of
8 U.S.C. § 1326, and false claim to United States citizenship, in violation of 18
U.S.C. § 911. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
DEC 27 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T O F AP PE ALS

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10-50077 2
Mendoza contends that the sentence at the bottom of the Guidelines range is
substantively unreasonable in light of his impaired mental abilities. The record
reflects that the sentence is procedurally sound, and that, in light of the totality of
the circumstances, was neither an abuse of discretion nor substantively
unreasonable. See Gall v. United States, 552 U.S. 38, 51-52 (2007); United States
v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc).
AFFIRMED.

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