FILED
NOT FOR PUBLICATION MAR 09 2011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. 10-10157
Plaintiff - Appellee, D.C. No. 4:09-cr-01621-FRZ
v.
MEMORANDUM *
OMAR FERNANDO MONTES-
ANGUIANO,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Frank R. Zapata, District Judge, Presiding
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Omar Fernando Montes-Anguiano appeals from the 48-month sentence
imposed following his 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.
*
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).
Montes-Anguiano contends that his sentence is substantively unreasonable
because the district court failed to consider the age of his prior conviction under
United States v. Amezcua-Vasquez, 567 F.3d 1050 (9th Cir. 2009), and the fact that
Montes-Anguiano was 17 years old at the time. In light of the totality of the
circumstances and the 18 U.S.C. § 3553(a) sentencing factors, the sentence is
substantively reasonable. See United States v. Valencia-Barragan, 608 F.3d 1103,
1108-09 (9th Cir. 2010) (emphasizing the limited scope of Amezcua-Vasquez).
AFFIRMED.
2 10-10157