Opinion
No. 11-50328 D.C. No. 3:11-cr-01025-JLS-1
02-22-2012
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. WILFREDO TORRES-VALENZUELA, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Southern District of California
Janis L. Sammartino, District Judge, Presiding
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 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.