United States v. Martinez-Escobedo
Docket: No. 11-50149
Court: Court of Appeals for the Ninth Circuit; January 26, 2012; Federal Appellate Court
Manuel Elíseo Martinez-Escobedo appeals his 75-month sentence following his conviction for being a deported alien found in the United States, violating 8 U.S.C. § 1326. The appellate court has jurisdiction under 28 U.S.C. § 1291 and affirms the sentence. Martinez-Escobedo argues that his below-Guidelines sentence is substantively unreasonable. However, the court finds the sentence reasonable based on the totality of circumstances and the 18 U.S.C. § 3553(a) sentencing factors, referencing Gall v. United States. Additionally, Martinez-Escobedo's claim that Nijhawan v. Holder overruled Almendarez-Torres is rejected as foreclosed by United States v. Valdovinos-Mendez. The decision is affirmed and noted as not appropriate for publication, with no precedential value except as specified by 9th Cir. R. 36-3.