Opinion
No. 06-50643.
This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed July 19, 2007.
AUSA, Roger W. Haines, Jr., Esq., USSD — Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
Jami L. Ferrara, Esq., San Diego, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of California; Marilyn L. Huff, District Judge, Presiding. D.C. No. CR-04-02779-MLH.
Before: LEAVY, THOMAS and BERZON, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Jorge Huerta-Avalos appeals from the 57-month prison term imposed upon resentencing following his guilty-plea conviction for being a deported alien found in the United States in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Appellant contends his sentence is unreasonable because it is greater than necessary under 18 U.S.C. § 3553(a) and because it results in an unwarranted sentence disparity among similarly-situated defendants under § 3553(a)(6). We conclude that appellant's sentence is not unreasonable. See United States v. Plouffe, 445 F.3d 1126, 1131-32 (9th Cir.), cert. denied, ___ U.S. ___, 126 S.Ct. 2314, 164 L.Ed.2d 832 (2006).