UNITED STATES of America, Plaintiff-Appellee, v. Israel GONZALEZ-REYES, Defendant-Appellant, 384 F. App'x 682

MEMORANDUM Israel Gonzalez-Reyes appeals from his 37-month sentence imposed following his guilty-plea conviction for illegal re-entry following deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction under 28 U.S.C. § 1291. We affirm. Gonzalez-Reyes contends that the district court treated the Sentencing Guidelines range as presumptively appropriate. The record belies this contention. The record reflects that the district court did not treat the Sentencing Guidelines range as presumptively appropriate. See Gall v. United States, 552 U.S. 38, 39, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

Gonzalez-Reyes also contends that the court failed to address his arguments concerning his motivation for illegal re-entry. The record belies this contention as well. The district court acknowledged Gonzalez-Reyes purported motivation. Gonzalez-Reyes also contends that the court failed to address his challenge to the 8-level enhancement for a prior deportation after a conviction for an aggravated felony, pursuant to

section 2L1.2(a)(l)(

C) of the Sentencing Guidelines. Though the district court erred in this regard, see Rita v. United States, 551 U.S. 338, 357, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007), Gonzalez-Reyes has not shown that his substantial rights were affected. See United States v. Dallman, 533 F.3d 755, 761-62 (9th Cir.2008). Gonzalez-Reyes also contends that the sentence is substantively unreasonable. In light of the totality of the circumstances and the factors set forth in 18 U.S.C. § 3553(a), the sentence was not unreasonable. See Gall, 552 U.S. at 51, 128 S.Ct. 586. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.