United States v. Jose Arenas-Aranda

FILED NOT FOR PUBLICATION SEP 24 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-10013 Plaintiff - Appellee, D.C. No. 4:10-cr-03072-CKJ v. MEMORANDUM * JOSE MANUEL ARENAS-ARANDA, a.k.a. Jose M. Arenas, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona James K. Singleton, District Judge, Presiding ** Submitted September 10, 2012 *** Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges. Jose Manuel Arenas-Aranda appeals from the 48-month sentence imposed * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable James K. Singleton, Senior United States District Judge for the District of Alaska, sitting by designation. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). following his guilty-plea conviction for reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Arenas-Aranda contends that his sentence is substantively unreasonable in light of several mitigating factors and because he was sentenced to only six months for a prior misdemeanor immigration conviction. In light of the totality of the circumstances, including Arenas-Aranda’s eight previous deportations, the sentence 15 months below the Guidelines range is substantively reasonable. See 18 U.S.C. § 3553(a); Gall v. United States, 552 U.S. 38, 51 (2007). AFFIRMED. 2 12-10013