United States of America v. Francisco Harrison-Ibarra

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NOT FOR PUBLICATION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.
FRANCISCO HARRISON-IBARRA,
Defendant - Appellant.
No. 11-10062
D.C. No. 4:10-cr-00490-FRZ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Frank R. Zapata, District Judge, Presiding
Submitted October 25, 2011**
Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.
Francisco Harrison-Ibarra appeals from the 30-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
OCT 28 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10062 2
Harrison-Ibarra contends that the district court failed to consider his policy-
based objections to the 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii),
and that his sentence is substantively unreasonable. The district court did not
procedurally err and Harrison-Ibarra’s sentence, 16 months below the bottom of
the Guidelines range, is reasonable in light of the totality of the circumstances and
the 18 U.S.C. § 3553(a) sentencing factors. See Gall v. United States, 552 U.S. 38,
51 (2007); United States v. Valencia-Barragan, 608 F.3d 1103, 1108-09 (9th Cir.
2010) (affirming application of a 16-level enhancement based on a prior conviction
for a crime of violence).
AFFIRMED.

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