Opinion
No. 11-50531 D.C. No. 3:10-cr-00257-BEN
09-21-2012
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOSE JESUS CORTEZ, 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NOT FOR PUBLICATION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
Roger T. Benitez, District Judge, Presiding
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Jose Jesus Cortez appeals from the 77-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.
Cortez contends that his sentence is substantively unreasonable. He argues that the district court should have granted a downward departure because the Guidelines range overrepresents his criminal history and because his prior felony conviction, which triggered a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A), is stale. The sentence at the bottom of the Guidelines range is substantively reasonable in light of the totality of the circumstances and the sentencing factors set forth in 18 U.S.C. § 3553(a). See Gall v. United States, 552 U.S. 38, 51, (2007); United States v. Tankersley, 537 F.3d 1100, 1113 (9th Cir. 2008) ("After Booker, the scheme of downward and upward departures has been replaced by the requirement that judges impose a reasonable sentence.").
AFFIRMED.