United States v. Acevedo

MEMORANDUM ** Sergio Martinez Acevedo appeals from the 64-month sentence imposed following his guilty-plea conviction for attempted entry after deportation, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction *571 pursuant to 28 U.S.C. § 1291 , and we affirm. Acevedo contends that the district court impermissibly enhanced his sentence based upon a prior conviction that was neither admitted by him nor proven beyond a reasonable doubt. This contention is foreclosed. See Apprendi v. New Jersey, 5 30 U.S. 466 , 490, 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). Acevedo also contends that the district court’s sentence was unreasonable because it assigned undue weight to certain 18 U.S.C. § 3553 (a) sentencing factors while excluding others, and by neglecting to address his requests for adjustments and departures. Acevedo’s contention fails as the record reflects that the district court fashioned a sentence based upon a consideration of all relevant § 3553(a) factors, and rejected Acevedo’s arguments for downward adjustments and departures. The district court did not procedurally err, and the sentence imposed is not substantively unreasonable. See Gall v. United - U.S. -, 128 S.Ct. 586, 596-97 , 169 L.Ed.2d 445 (2007). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.