United States v. Jose Chavez-Limas

FILED NOT FOR PUBLICATION MAR 09 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-10182 Plaintiff - Appellee, D.C. No. 4:09-cr-00755-DCB v. MEMORANDUM * JOSE GUADALUPE CHAVEZ-LIMAS, aka Jose “Pato” Chavez, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona David C. Bury, District Judge, Presiding Submitted February 15, 2011 ** Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges. Jose Guadalupe Chavez-Limas appeals from the 46-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). Chavez-Limas 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). 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 10-10182