FILED
NOT FOR PUBLICATION MAR 08 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-10339
Plaintiff - Appellee, D.C. No. 4:09-cr-00820-JMR
v.
MEMORANDUM *
JUAN TUÑEZ-MARTINEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
John M. Roll, Chief Judge, Presiding
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Juan Tuñez-Martinez appeals from the 51-month sentence imposed
following his guilty-plea conviction for re-entry after deportation, in violation of 8
U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Tuñez-Martinez contends that the sentence imposed is unreasonable due to
*
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).
the age of the prior violent felony conviction used to impose a 16-level
enhancement under U.S.S.G. § 2L1.2(b)(1)(A). This contention lacks merit. See
United States v. Amezcua-Vasquez, 567 F.3d 1050, 1054-56 (9th Cir. 2009). The
sentence at the bottom of the Guidelines range is substantively reasonable under
the totality of the circumstances. See Gall v. United States, 552 U.S. 38, 51
(2007); see also United States v. Carty, 520 F.3d 984, 991 (9th Cir. 2008) (en
banc).
AFFIRMED.
2 10-10339