United States v. Erasmo Villa-Sosa

MEMORANDUM **

Erasmo Villa-Sosa appeals from the district court’s judgment and challenges the 12-month sentence imposed following his guilty-plea conviction for being a removed alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Villa-Sosa contends that the district court erred by failing to address the alleged sentencing disparity created, by its determination that a two-level, rather than a four-level, fast-track departure was warranted under U.S.S.G. § 5K3.1. We review for plain error, see United States v. Valenciar-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. The district court sufficiently explained the sentence; it was not required to “tick off’ each of the 18 U.S.C. § 3553(a) sentencing factors. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc). Moreover, Villa-Sosa’s sentence is substantively reasonable in light of the section 3553(a) sentencing factors and the totality of the circumstances, including Villa-Sosa’s immigration history. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

AFFIRMED.