FILED
NOT FOR PUBLICATION NOV 28 2011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. 11-10216
Plaintiff - Appellee, D.C. No. 2:10-cr-00496-PMP
v.
MEMORANDUM *
RUDY REMBERTO OROZCO,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Philip M. Pro, District Judge, Presiding
Submitted November 21, 2011 **
Before: TASHIMA, BERZON, and TALLMAN, Circuit Judges.
Rudy Remberto Orozco appeals from the 46-month sentence imposed
following his guilty-plea conviction for being a deported alien found unlawfully 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).
Orozco contends that his sentence is substantively unreasonable under
United States v. Amezcua-Vasquez, 567 F.3d 1050 (9th Cir. 2009), because the
sentence does not adequately account for the age of his prior conviction, the nature
of the conduct underlying that conviction, or the nature of his subsequent criminal
history. In light of the totality of the circumstances and the factors set forth in 18
U.S.C. § 3553(a), the sentence is substantively reasonable. See Gall v. United
States, 552 U.S. 38, 51 (2007); see also United States v. Valencia-Barragan, 608
F.3d 1103, 1109 (9th Cir. 2010) (emphasizing the limited scope of the holding in
Amezcua-Vasquez).
AFFIRMED.
2 11-10216