UNITED STATES of America, Plaintiff-Appellee, v. Heriberto VALENCIA, Defendant-Appellant, 395 F. App'x 379

MEMORANDUM Heriberto Valencia appeals from the 37-month sentence imposed following his guilty-plea conviction for reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Valencia contends that his above-guidelines sentence is substantively unreasonable given his background and criminal record. The record reflects the district court did not procedurally err, and the sentence imposed is substantively reasonable under the totality of the circumstances. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); United States v.

Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc). Further, contrary to Valencia’s contention, the prospective amendment to the sentencing guidelines does not assist his case. See U.S.S.G. § 2L1.2. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.