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NOT FOR PUBLICATION MAR 14 2011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. 10-50101
Plaintiff - Appellee, D.C. No. 5:09-cr-00111-VAP
v.
MEMORANDUM *
EFREN RIVERA TREJO,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Virginia A. Phillips, District Judge, Presiding
Submitted March 8, 2011 **
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
Efren Rivera Trejo appeals from the 60-month sentence imposed following
his guilty-plea conviction for being an illegal alien found 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).
Trejo contends that the district court procedurally erred by relying on a
clearly erroneous fact at sentencing. Specifically, he contends that the district
court sentenced him based on the mistaken belief that his inheritance was not
guaranteed. This contention is belied by the record. See United States v. Ressam,
629 F.3d 793, 825 (9th Cir. 2010) (a finding of fact is clearly erroneous if we have
a definite and firm conviction that a mistake has been committed); see also Gall v.
United States, 552 U.S. 38, 51 (2007) (a district court commits procedural error by
“selecting a sentence based on clearly erroneous facts”).
He further contends that his below-Guideline sentence is substantively
unreasonable. The record reflects that the sentence imposed is substantively
reasonable in light of the totality of the circumstances and the factors set forth in
18 U.S.C. § 3553(a). See Gall, 552 U.S. at 51-52.
AFFIRMED.
10-50101