FILED
NOT FOR PUBLICATION SEP 14 2012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. 12-50013
Plaintiff - Appellee, D.C. No. 3:11-cr-03385-BTM-1
v.
MEMORANDUM *
VICTOR MANUEL SANCHEZ VALLE,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Barry T. Moskowitz, District Judge, Presiding
Submitted September 10, 2012 **
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Victor Manuel Sanchez Valle appeals the 48-month sentence imposed
following his guilty plea to being a deported alien found in the United States in
*
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).
violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and
we affirm.
Sanchez Valle contends that his sentence is substantively unreasonable
because of his strong ties to the United States and cultural assimilation, his last
felony conviction occurred more than ten years prior to the instant offense, and “all
of the purposes of sentencing set forth in 18 U.S.C. § 3553(a).” We conclude that
Sanchez Valle’s below-Guidelines sentence is substantively reasonable in light of
the totality of the circumstances and the section 3553(a) sentencing factors. See
Gall v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.
2 12-50013