United States v. Rafael Borjas-Rios , 360 F. App'x 938 ( 2010 )

FILED
NOT FOR PUBLICATION JAN 04 2010
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. 09-10104
Plaintiff - Appellee, D.C. No. 2:08-CR-00004-PMP
v.
MEMORANDUM *
RAFAEL BORJAS-RIOS,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Philip M. Pro, District Judge, Presiding
Submitted December 15, 2009 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Rafael Borjas-Rios appeals from the 41-month sentence imposed following
his guilty-plea conviction for being a deported alien found unlawfully in the United
*
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).
SZ/Research
States, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C.
§ 1291, and we affirm.
Borjas-Rios received a 16-level enhancement, pursuant to U.S.S.G.
§ 2L1.2(b)(1)(A)(ii), for being previously convicted of a crime of violence. He
contends that his sentence is substantively unreasonable because it is excessive in
light of the circumstances of his prior conviction and the totality of his life prior to
and after that conviction. Borjas-Rios’ sentence is substantively reasonable in light
of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors.
See United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc); cf. United
States v. Amezcua-Vasquez, 567 F.3d 1050, 1054-58 (9th Cir. 2009).
AFFIRMED.
SZ/Research 2 09-10104