United States v. Omar Montes-Anguiano

FILED NOT FOR PUBLICATION MAR 09 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-10157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