United States v. Efrain Razo-Maya

455 F. App'x 789

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 27, 2011
• Docket: 11-10106
• Status: Unpublished

Opinion

MEMORANDUM **

Efrain Razo-Maya appeals from the 24- month sentence imposed following his guilty-plea conviction for being a deported alien found unlawfully in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Razo-Maya contends that his sentence is substantively unreasonable because he has no prior felony convictions. As Razo-Maya’s concedes, his prior gross misdemeanor conviction qualified as an aggravated felony under 8 U.S.C. § 1101(a)(43). See United States v. Gonzalez-Tamariz, 310 F.3d 1168, 1170-71 (9th Cir.2002). Thus, the district court did not err in imposing an eight-level sentencing enhancement. See U.S.S.G. § 2L1.2(b)(1)(C). Moreover, in light of the totality of the circumstances and the sentencing factors set forth in 18 U.S.C. § 3553(a), the sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provid ed by 9 th Cir. R. 36-3.