United States of America v. Esteban Quezada-Cruz, a.k.a. Esteban Quezada-Lopez

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NOT FOR PUBLICATION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.
ESTEBAN QUEZADA-CRUZ, a.k.a.
Esteban Quezada-Lopez,
Defendant - Appellant.
No. 11-10588
D.C. No. 2:11-cr-00092-PMP
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Philip M. Pro, District Judge, Presiding
Submitted June 26, 2012**
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Esteban Quezada-Cruz appeals from the 56-month sentence imposed
following his guilty-plea conviction for being a deported alien found unlawfully in
the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under
FILED
JUN 29 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10588 2
28 U.S.C. § 1291, and we affirm.
Quezada-Cruz contends that the district court erred procedurally by failing
to consider a shorter sentence based on the staleness of his 1999 drug trafficking
conviction. The record belies this contention.
Quezada-Cruz also contends that his sentence is substantively unreasonable
because the prior conviction that increased his offense level was stale. The
sentence within the advisory Sentencing Guidelines range is substantively
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).
AFFIRMED.

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