United States of America v. Salvador De Jesus Sanchez- Miranda

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. Appellant. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SALVADOR DE JESUS SANCHEZ-
MIRANDA,
Defendant - Appellant.
No. 10-50315
D.C. No. 3:09-cr-02585-JM
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Jeffrey T. Miller, District Judge, Presiding
Submitted October 25, 2011**
Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.
Salvador de Jesus Sanchez-Miranda appeals from the 77-month sentence
imposed following his jury-trial conviction for attempted entry after deportation, in
violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and
FILED
OCT 27 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-50315 2
we affirm.
Sanchez-Miranda contends that his below-Guidelines sentence is
unreasonable because the district court failed to grant a downward departure based
on his cultural assimilation and reasons for reentering the United States. The
record reflects that the district court considered Sanchez-Miranda’s cultural
assimilation and motivations for reentering, and imposed a sentence that 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, 51-52
(2007).
AFFIRMED.

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