UNITED STATES of America, Plaintiff-Appellee, v. Jose Asuncion TORRES, a/k/a Fredy Chon, a/k/a Jose Asuncion Torres-Bonilla, Defendant-Appellant, 396 F. App'x 4

Affirmed by unpublished PER CURIAM opinion. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jose Asuncion Torres pleaded guilty to illegally reentering the United States after having been deported following a conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(a), (b)(2) (2006). The district court sentenced Torres to fifty-seven months of imprisonment and he now appeals. His counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), questioning whether the sentence was unreasonable.

Although Torres was informed of his right to file a pro se supplemental brief, he has not done so. Finding no error, we affirm. We review a sentence for reasonableness, applying an abuse of discretion standard. Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); see also United States v. Layton, 564 F.3d 330, 335 (4th Cir.), cert. denied, — U.S. -, 130 S.Ct. 290, 175 L.Ed.2d 194 (2009).

In so doing, we first examine the sentence for “significant procedural error,” including “failing to calculate (or improperly calculating) the [guidelines range, treating the [guidelines as mandatory, failing to consider the [18 U.S.C.] § 3553(a) [ (2006) ] factors, selecting a sentence based on clearly erroneous facts, or failing to adequately explain the chosen sentence.... ” Gall, 128 S.Ct. at 597. We then “ ‘consider the substantive reasonableness of the sentence imposed.’ ” United States v.

Evans, 526 F.3d 155, 161 (4th Cir.) (quoting Gall, 552 U.S. at 51, 128 S.Ct. 586), cert. denied, — U.S. -, 129 S.Ct. 476, 172 L.Ed.2d 341 (2008). If the sentence is within the guidelines range, we apply a presumption of reasonableness. Rita v. United States, 551 U.S. 338, 346-59, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007) (upholding presumption of reasonableness for -within-guidelines sentence). We have thoroughly reviewed the record and conclude that the sentence is procedurally and substantively reasonable. The district court properly calculated the advisory guidelines range, considered the § 3553(

a) factors, responded to Torres’ statements at sentencing, and thoroughly explained its chosen sentence. See United States v. Carter, 564 F.3d 325, 330 (4th Cir.2009) (district court must conduct individualized assessment based on the particular facts of each case, whether sentence is above, below, or within the guidelines range). Moreover, Torres has failed to overcome the presumption of reasonableness we accord his within-guidelines sentence. See United States v. Go, 517 F.3d 216, 218 (4th Cir.2008).

We have examined the entire record in accordance with the requirements of An-ders and have found no meritorious issues for appeal. Accordingly, we affirm the judgment of the district court. This court requires that counsel inform Torres, in writing, of the right to petition the Supreme Court of the United States for further review. If Torres requests that a petition be filed, but counsel believes that such a petition would be frivolous, then counsel may move in this court for leave to withdraw from representation. Counsel’s motion must state that a copy thereof was served on Torres.

We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid in the decisional process. AFFIRMED.