United States v. Mario Alonso-Maldonado

U.S. Court of Appeals for the Ninth Circuit
United States v. Mario Alonso-Maldonado, 468 F. App'x 800 (9th Cir. 2012)

United States v. Mario Alonso-Maldonado

Opinion

MEMORANDUM **

Mario Alberto Alonso-Maldonado appeals from the 46-month sentence imposed following his guilty-plea conviction for being a deported alien found unlawfully in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Alonso-Maldonado contends that his sentence is substantively unreasonable, in light of the staleness of his prior conviction and his cultural assimilation. Under the totality of the circumstances, including Al-onso-Maldonado’s criminal history and three previous deportations, the sentence at the bottom of the Guidelines range is substantively reasonable. See 18 U.S.C. § 3553(a); Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

To the extent Alonso-Maldonado contends that the district court procedurally erred by failing to provide an adequate explanation for the sentence, the record belies his contention. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Mario Alberto ALONSO-MALDONADO, Defendant-Appellant
Status
Unpublished