United States of America v. Wilfredo Torres-Valenzuela

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NOT FOR PUBLICATION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.
WILFREDO TORRES-VALENZUELA,
Defendant - Appellant.
No. 11-50328
D.C. No. 3:11-cr-01025-JLS-1
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Janis L. Sammartino, District Judge, Presiding
Submitted February 21, 2012 **
Before: FERNANDEZ, McKEOWN and BYBEE, Circuit Judges.
Wilfredo Torres-Valenzuela appeals the sentence imposed following his
guilty plea to being a deported alien found in the United States in violation of 8
U.S.C. § 1326. Torres-Valenzuela contends that his 30-month sentence was
FILED
FEB 22 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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substantively unreasonable. In light of the totality of the circumstances and the
sentencing factors set forth in 18 U.S.C. § 3553(a), the sentence at the low end of
the Guidelines range was reasonable. See Gall v. United States, 552 U.S. 38, 51,
128 S. Ct. 586, 169 L .Ed.2d 445 (2007).
Torres-Valenzuela’s contention that Nijhawan v. Holder, 557 U.S. 29, 129
S. Ct. 2294, 174 L.Ed.2d 22 (2009), overruled Almendarez–Torres v. United
States, 523 U.S. 224, 118 S. Ct. 1219, 140 L. Ed.2d 350 (1998), is foreclosed by
United States v. Valdovinos–Mendez, 641 F.3d 1031, 1035–36 (9th Cir. 2011).
AFFIRMED.

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