FILED
NOT FOR PUBLICATION OCT 12 2010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. 09-50489
Plaintiff - Appellee, D.C. No. 3:09-cr-02166-JLS
v.
MEMORANDUM *
SERGIO JIMENEZ-AGUILERA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Janis L. Sammartino, District Judge, Presiding
**
Submitted September 13, 2010
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Sergio Jimenez-Aguilera appeals from the 30-month sentence imposed
following his guilty-plea conviction for being a deported alien found in the United
States, 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).
Jimenez-Aguilera contends that the district court failed to consider properly
his personal circumstances and that his sentence is substantively unreasonable.
The district court did not procedurally err and Jimenez-Aguilera’s sentence is
reasonable in light of the totality of the circumstances and the 18 U.S.C. § 3553(a)
sentencing factors. See Gall v. United States, 552 U.S. 38, 51 (2007); United
States v. Valencia-Barragan, 608 F.3d 1103, 1108-09 (9th Cir. 2010).
AFFIRMED.
2 09-50489