FILED
NOT FOR PUBLICATION JAN 27 2012
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. 11-50149
Plaintiff - Appellee, D.C. No. 3:09-cr-03836-WQH
v.
MEMORANDUM *
MANUEL ELISEO MARTINEZ-
ESCOBEDO,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
William Q. Hayes, District Judge, Presiding
Submitted January 17, 2012 **
Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.
Manuel Eliseo Martinez-Escobedo appeals from the 75-month sentence
imposed following his 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.
*
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. Appellant. P. 34(a)(2).
§ 1291, and we affirm.
Martinez-Escobedo contends that the below-Guidelines sentence was
substantively unreasonable. The record reflects that the sentence is substantively
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).
Martinez-Escobedo’s contention that Nijhawan v. Holder, 129 S. Ct. 2294
(2009), overruled Almendarez-Torres v. United States, 523 U.S. 224 (1998), is
foreclosed by United States v. Valdovinos-Mendez, 641 F.3d 1031, 1035-36 (9th
Cir. 2011).
AFFIRMED.
2 11-50149