USA V. WILFREDO TORRES-VALENZUELA, No. 11-50328 (9th Cir. 2012)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FEB 22 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 11-50328 D.C. No. 3:11-cr-01025-JLS-1 v. MEMORANDUM * WILFREDO TORRES-VALENZUELA, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California Janis L. Sammartino, District Judge, Presiding Submitted February 21, 2012 ** Before: FERNANDEZ, McKEOWN and BYBEE, Circuit Judges. Wilfredo Torres-Valenzuela appeals the sentence imposed following his guilty plea to being a deported alien found in the United States in violation of 8 U.S.C. § 1326. Torres-Valenzuela contends that his 30-month sentence was * 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). substantively unreasonable. In light of the totality of the circumstances and the sentencing factors set forth in 18 U.S.C. § 3553(a), the sentence at the low end of the Guidelines range was reasonable. See Gall v. United States, 552 U.S. 38, 51, 128 S. Ct. 586, 169 L .Ed.2d 445 (2007). Torres-Valenzuela s contention that Nijhawan v. Holder, 557 U.S. 29, 129 S. Ct. 2294, 174 L.Ed.2d 22 (2009), overruled Almendarez Torres v. United States, 523 U.S. 224, 118 S. Ct. 1219, 140 L. Ed.2d 350 (1998), is foreclosed by United States v. Valdovinos Mendez, 641 F.3d 1031, 1035 36 (9th Cir. 2011). AFFIRMED.
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