FILED
NOT FOR PUBLICATION JAN 11 2010
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. 09-50014
Plaintiff - Appellee, D.C. No. 3:07-CR-02444-BTM
v.
MEMORANDUM *
CARLOS MARTINEZ-AGUINIGA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Barry T. Moskowitz, District Judge, Presiding
Submitted December 15, 2009 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Carlos Martinez-Aguiniga appeals from the 57-month sentence imposed
following his guilty-plea conviction for being a deported alien found in the United
*
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).
NC/Research
States, in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28
U.S.C. § 1291, and we affirm.
Martinez-Aguiniga contends that the sentence at the bottom of the guidelines
range is substantively unreasonable in light of the factors under 18 U.S.C.
§ 3553(a), and because it is based on a 16-level enhancement he received under
U.S.S.G. § 2L1.2(b)(1)(A) for a crime of violence he committed 23 years prior to
his arrest in the instant case. The record reflects that the district court considered
and rejected Martinez-Aguiniga’s arguments regarding the staleness of his crime of
violence conviction and gave thorough consideration to the § 3553(a) factors at
sentencing. Cf. United States v. Amezcua-Vasquez, 567 F.3d 1050, 1055-56 (9th
Cir. 2009). Accordingly, and in light of the totality of the circumstances, the
sentence is not substantively unreasonable. See Gall v. United States, 552 U.S. 38,
51-52 (2007); United States v. Carty, 520 F.3d 984, 991-93, 996 (9th Cir. 2008)
(en banc).
AFFIRMED.
NC/Research 2 09-50014