UNITED STATES OF AMERICA v. JOSE PARRA TEJEDA (2016)

MEMORANDUM*

Jose Parra-Tejeda appeals from the district court's judgment and challenges the 33-month sentence imposed following his guilty-plea conviction for being an alien in the United States after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Parra-Tejeda contends that his sentence is substantively unreasonable in light of the mitigating factors and the 12-level enhancement he received under U.S.S.G. § 2L1.2(b)(1)(A). The district court did not abuse its discretion in imposing Parra-Tejeda's sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The within-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Parra-Tejeda's criminal history and his failure to be deterred by a prior 33-month sentence for the same offense. See Gall, 552 U.S. at 51; see also United States v. Ruiz-Chairez, 493 F.3d 1089, 1091 (9th Cir. 2007) (rejecting empirical challenge to section 2L1.2(b)(1)(A)). Moreover, contrary to Parra-Tejeda's contention, the record reflects that the district court considered his arguments for a lower sentence. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc).

AFFIRMED.