Opinion
No. 10-10138.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
July 18, 2011.
Appeal from the United States District Court for the District of Arizona Cindy K. Jorgenson, District Judge, Presiding D.C. No. 4:09-cr-00942-CKJ.
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Banner Narvaez appeals from the 45-month sentence imposed following his guilty-plea conviction for reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Narvaez contends that his sentence was substantively unreasonable. The below-Guidelines sentence imposed was reasonable in light of the 18 U.S.C. § 3553(a) factors and the totality of the circumstances, see United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc), and the district court's conclusion that the age and circumstances of Narvaez's 2001 firearms conviction, when measured against its seriousness, warranted a variance of only six months was consistent with this court's decision in United States v. Amezcua-Vasquez, 567 F.3d 1050, 1055-56 (9th Cir. 2009).
AFFIRMED.