FILED
NOT FOR PUBLICATION OCT 4 2011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. 10-10573
Plaintiff - Appellee, D.C. No. 2:10-cr-00069-KJD
v.
MEMORANDUM *
JOSE GONZALEZ-GUZMAN, a.k.a. Joe
Gonzalez-Guzman,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Kent J. Dawson, District Judge, Presiding
Submitted September 27, 2011 **
Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges.
Jose Gonzalez-Guzman appeals from the 46-month sentence imposed
following his guilty-plea conviction for being a deported alien found unlawfully in
*
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).
the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
Gonzalez-Guzman contends that his sentence is substantively unreasonable
because his prior conviction was stale and because the district court did not adjust
his sentence downward for cultural assimilation or based on his particular history
and characteristics. In light of the 18 U.S.C. § 3553(a) sentencing factors and
considering the totality of the circumstances, including the district court’s concern
about the seriousness of Gonzalez-Guzman’s criminal history, the within-
Guidelines sentence is not substantively unreasonable. 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 10-10573