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NOT FOR PUBLICATION MAR 08 2011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. 10-30100
Plaintiff - Appellee, D.C. No. 2:09-cr-06044-LRS
v.
MEMORANDUM *
GUSTAVO VILLASENOR-BOTELLO,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Lonny R. Suko, Chief Judge, Presiding
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Gustavo Villasenor-Botello appeals from the 76-month sentence imposed
following his guilty-plea conviction for being an alien in the United States after
deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
*
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).
Villasenor-Botello contends that the sentence imposed was greater than
necessary to accomplish the statutory purposes of sentencing. The record reflects
that the district court carefully considered the 18 U.S.C. § 3553(a) sentencing
factors before concluding that the circumstances were insufficient to warrant a
sentence below the one imposed. Villasenor-Botello’s sentence in the middle 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).
Villasenor-Botello acknowledges that his contention that the district court
erroneously imposed a sentence above the statutory maximum is foreclosed, but
raises it to preserve the issue for potential future review. See United States v.
Bolanos-Hernandez, 492 F.3d 1140, 1148 (9th Cir. 2007).
AFFIRMED.
2 10-30100