FILED
NOT FOR PUBLICATION JUN 09 2011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. 10-50355
Plaintiff - Appellee, D.C. No. 3:10-cr-01110-LAB
v.
MEMORANDUM *
JOEL PEREZ-AGUIRRE,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Joel Perez-Aguirre appeals from the 51-month sentence imposed following
his guilty-plea conviction for attempted 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).
Perez-Aguirre contends that the district court imposed a substantively
unreasonable sentence because it focused too heavily on his criminal history and
did not account for his motive in returning to the United States. In light of the
totality of the circumstances and the factors set forth in 18 U.S.C. § 3553(a), the
district court’s sentence within the Guidelines range is substantively reasonable.
See United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc).
AFFIRMED.
2 10-50355