UNITED STATES of America, Plaintiff-Appellee, v. Beryl Chris Buiza SILVA, Defendant-Appellant, 479 F. App'x 70

MEMORANDUM Beryl Chris Buiza Silva appeals from the 60-month sentence imposed following his guilty-plea conviction for reentry of a removed alien, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Silva contends that his below-Guidelines sentence is substantively unreasonable because the district court focused too heavily on his 2001 aggravated felony conviction and failed to give sufficient weight to the mitigating sentencing factors. The sentence imposed is substantively reasonable in light of the totality of the circumstances and the 18 U.S.C. § 3553(

a) sentencing factors. See Gall v. United, States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). Silva also contends that his sentence to an aggravated term of incarceration under 8 U.S.C. § 1326(b)(2) was improper because the government did not allege in the indictment that he was previously convicted of an aggravated felony. As Silva concedes, this contention is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). See United States v. Pacheeo-Zepeda, 234 F.3d 411, 412 (9th Cir.2000). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.