FILED
NOT FOR PUBLICATION JUN 24 2011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. 10-10093
Plaintiff - Appellee, D.C. No. 4:09-cr-02546-RCC
v.
MEMORANDUM *
JOSE LUIS REYNA-ROBLES, a.k.a. Jose
Reyna-Robles,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Raner C. Collins, District Judge, Presiding
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Jose Luis Reyna-Robles appeals from the sentence of 13 months and one
day imposed following his guilty-plea conviction for reentry after deportation, in
violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and
*
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).
we affirm.
Reyna-Robles contends that his sentence is substantively unreasonable
because he should have been granted a departure or variance based on cultural
assimilation. In light of the totality of the circumstances and the 18 U.S.C.
§ 3553(a) factors, Reyna-Robles’s sentence within the Guidelines range is
substantively reasonable. See Gall v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.
2 10-10093