FILED
NOT FOR PUBLICATION FEB 23 2012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, Nos. 11-30222
11-30224
Plaintiff - Appellee,
D.C. Nos. 2:10-cr-00156-LRS
v. 2:10-cr-00160-LRS
LUIS ANGEL BOTELLO, a.k.a. Juan MEMORANDUM *
Rodriguez-Jimenez,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Lonny R. Suko, District Judge, Presiding
Submitted February 21, 2012 **
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
In these consolidated appeals, Luis Angel Botello appeals from the
63-month sentence imposed following his guilty-plea conviction for being an alien
in the United States after deportation, in violation of 8 U.S.C. § 1326, and from the
*
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).
six-month concurrent sentence imposed following revocation of supervised release.
We have jurisdiction under 28 U.S.C. § 1291, and we affirm
Botello contends his sentences are substantively unreasonable. The within-
Guidelines sentences are substantively reasonable in light of the totality of the
circumstances and the sentencing factors set forth in 18 U.S.C. §§ 3553(a) and
3583(e). See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en
banc).
AFFIRMED.
2 11-30222