FILED
NOT FOR PUBLICATION NOV 08 2011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. 11-50011
Plaintiff - Appellee, D.C. No. 3:09-cr-04119-WQH
v.
MEMORANDUM *
GILBERTO SANCHEZ-MONTANO,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
William Q. Hayes, District Judge, Presiding
Submitted November 8, 2011 **
Before: O’SCANNLAIN, TASHIMA, and GRABER, Circuit Judges.
Gilberto Sanchez-Montano appeals from his jury-trial conviction and 48-
month sentence 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).
Sanchez-Montano contends that his sentence is substantively unreasonable
because the district court failed to account for the staleness of his prior felony
conviction that triggered a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A).
This contention lacks merit. The record reflects that the district court considered
the age of the conviction, in conjunction with the 18 U.S.C. § 3553(a) sentencing
factors, prior to granting a downward variance from the adjusted Guidelines range.
The sentence is substantively reasonable under the totality of the circumstances
and in light of the § 3553(a) sentencing factors. See Gall v. United States, 552
U.S. 38, 51 (2007).
Sanchez-Montano’s contention that his Sixth Amendment right to
confrontation was violated by the admission of a warrant of removal is foreclosed.
See United States v. Orozco–Acosta, 607 F.3d 1156, 1164 (9th Cir. 2010).
AFFIRMED.
2 11-50011