United States v. Eugenio Arreola-Jimenez
United States v. Eugenio Arreola-Jimenez
Opinion
MEMORANDUM **
Eugenio Arreola-Jimenez appeals from the district court’s judgment and challenges the 77-month sentence imposed following his guilty-plea conviction for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Arreola contends that the district court procedurally erred by failing to properly consider his argument for leniency based on the extreme poverty of his childhood. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none.
The district court did not abuse its discretion in imposing Arreola’s 77-month sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The within-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances. 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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