FILED
NOT FOR PUBLICATION DEC 27 2011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. 11-10150
Plaintiff - Appellee, D.C. No. 4:10-cr-01467
v.
MEMORANDUM *
RUBEN PEREZ-CARDENAS,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
David S. Doty, District Judge, Presiding
Submitted December 19, 2011 **
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Ruben Perez-Cardenas appeals from the 63-month sentence imposed
following his guilty-plea conviction for re-entry after deportation, 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).
Perez-Cardenas contends that the district court procedurally erred by failing
to consider his arguments for a lesser sentence. The record belies Perez-
Cardenas’s contention. The district court listened to his arguments and rejected
them. See United States v. Rita, 551 U.S. 338, 358-59 (2007). Accordingly, the
district court did not commit plain error. See United States v. Ameline, 409 F.3d
1073, 1078 (9th Cir. 2005) (en banc).
Perez-Cardenas also contends that his sentence is substantively
unreasonable. In light of the totality of the circumstances and the sentencing
factors set forth in 18 U.S.C. § 3553(a), the sentence at the low-end of the
Guidelines range was reasonable. See Gall v. United States, 552 U.S. 38, 51
(2007).
Finally, Perez-Cardenas concedes that his contention that his prior
conviction under California Penal Code § 245(a)(1) is not a crime of violence
subject to a sixteen-level enhancement is foreclosed by United States v. Grajeda,
581 F.3d 1186 (9th Cir. 2009).
AFFIRMED.
2 11-10150