United States of America v. Isaias Avila-Villegas

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NOT FOR PUBLICATION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.
ISAIAS AVILA-VILLEGAS,
Defendant - Appellant.
No. 11-50038
D.C. No. 3:10-cr-02909-DMS
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Submitted October 25, 2011**
Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.
Isaias Avila-Villegas appeals from the 37-month sentence imposed
following his guilty-plea conviction for attempted 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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11-50038 2
Avila-Villegas contends that his sentence is substantively unreasonable. The
record reflects that Avila-Villegas’ sentence, nine months below the bottom of the
original 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, and distinguishing United States v. Amezcua-
Vasquez, 567 F.3d 1050 (9th Cir. 2009)).
AFFIRMED.

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