UNITED STATES of America, Plaintiff-Appellee, v. Jose Jesus CORTEZ, Defendant-Appellant, 481 F. App'x 349

MEMORANDUM Jose Jesus Cortez appeals from the 77-month sentence imposed following his guilty-plea conviction for attempted entry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Cortez contends that his sentence is substantively unreasonable. He argues that the district court should have granted a downward departure because the Guidelines range overrepresents his criminal history and because his prior felony conviction, which triggered a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A), is stale.

The sentence at the bottom of the Guidelines range is substantively reasonable in light of the totality of the circumstances and the sentencing factors set forth in 18 U.S.C. § 3553(a). See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445, (2007); United States v. Tankersley, 537 F.3d 1100, 1113 (9th Cir.2008) (“After Booker, the scheme of downward and upward departures has been replaced by the requirement that judges impose a reasonable sentence.”)- AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.