FILED
NOT FOR PUBLICATION JUN 29 2012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. 11-10554
Plaintiff - Appellee, D.C. No. 3:11-cr-00053-JSW
v.
MEMORANDUM *
BERYL CHRIS BUIZA SILVA,
Defendant - Appellant.
Appeal from the United States District Court
for the Northern District of California
Jeffrey S. White, District Judge, Presiding
Submitted June 26, 2012 **
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Beryl Chris Buiza Silva appeals from the 60-month sentence imposed
following his guilty-plea conviction for reentry of a removed alien, 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).
Silva contends that his below-Guidelines sentence is substantively
unreasonable because the district court focused too heavily on his 2001 aggravated
felony conviction and failed to give sufficient weight to the mitigating sentencing
factors. The sentence imposed 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).
Silva also contends that his sentence to an aggravated term of incarceration
under 8 U.S.C. § 1326(b)(2) was improper because the government did not allege
in the indictment that he was previously convicted of an aggravated felony. As
Silva concedes, this contention is foreclosed by Almendarez-Torres v. United
States, 523 U.S. 224 (1998). See United States v. Pacheco-Zepeda, 234 F.3d 411,
412 (9th Cir. 2000).
AFFIRMED.
2 11-10554