U.S. Court of Appeals for the Ninth Circuit, 2013

United States v. Misael Corona-Romero

United States v. Misael Corona-Romero
U.S. Court of Appeals for the Ninth Circuit · Decided September 26, 2013 · Rawlinson, Smith, Christen
540 F. App'x 551

United States v. Misael Corona-Romero

Opinion

MEMORANDUM ***

Misael Corona-Romero appeals from the district court’s judgment and challenges the 77-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.

Corona-Romero contends that the district court procedurally erred by failing to consider all of the 18 U.S.C. § 3553(a) sentencing factors, and by failing to explain adequately the sentence. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. Although the district court did not explicitly reject the arguments raised by Corona-Romero, the record reflects that the court considered those arguments along with the section 3553(a) sentencing factors, and adequately explained the sentence imposed. See United States v. Perez-Perez, 512 F.3d 514, 516-17 (9th Cir. 2008).

Corona-Romero also contends that his sentence is substantively unreasonable. The district court did not abuse its discretion in imposing Corona-Romero’s sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The 77-month sentence at the bottom of the Guidelines is substantively reasonable in light of the section 3553(a) sentencing factors and the totality of the circumstances, including Corona-Romero’s criminal history. See id.

AFFIRMED.

***

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

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