FILED
NOT FOR PUBLICATION MAR 14 2011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. 10-30203
Plaintiff - Appellee, D.C. No. 2:09-cr-00109-WFN
v.
MEMORANDUM *
JESUS MARTINEZ-GONZALEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Wm. Fremming Nielsen, District Judge, Presiding
Submitted March 8, 2011 **
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
Jesus Martinez-Gonzalez appeals from the 48-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).
Martinez-Gonzalez argues that his sentence is substantively unreasonable
given the nature of the offense, his motivation for reentering the United States, and
his limited and stale criminal history. He further contends that the 16-level prior
conviction sentencing enhancement under U.S.S.G. § 2L1.2(b)(1)(A) is per se
unreasonable and resulted in a sentence that was greater than necessary.
Martinez-Gonzalez’s argument that the 16-level sentencing enhancement is
per se unreasonable fails. See United States v. Amezcua-Vasquez, 567 F.3d 1050,
1054 (9th Cir. 2009); see also United States v. Barsumyan, 517 F.3d 1154, 1159
(9th Cir. 2008) (policy-based argument against the Guidelines must be asserted on
the ground that its operation in a particular case results in a sentence that is
unreasonable under 18 U.S.C. § 3553(a)).
In light of the totality of the circumstances and the § 3553(a) factors, the
below-Guidelines sentence in this case is not substantively unreasonable. See Gall
v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.
2 10-30203