U.S. Court of Appeals for the Ninth Circuit, 2015

United States v. Cristobal Escobar-Vasquez

United States v. Cristobal Escobar-Vasquez
U.S. Court of Appeals for the Ninth Circuit · Decided September 25, 2015 · Reinhardt, Leavy, Berzon
617 F. App'x 807

United States v. Cristobal Escobar-Vasquez

Opinion

MEMORANDUM **

Cristobal Escobar-Vasquez appeals from the district court’s judgment and challenges the 37-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.

Escobar-Vasquez contends that the district court procedurally erred by (i) focusing on deterrence to the exclusion of the other 18 U.S.C. § 3553(a) sentencing factors, and (ii) failing to consider and explain its rejection of his mitigating arguments. We' review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. The record 'reflects that the district court considered the section 3553(a) sentencing factors and Escobar-Vasquez’s mitigating arguments, and adequately explained the sentence. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en banc).

*808 Escobar-Vasquez next contends that his sentence is substantively unreasonable in light of his cultural assimilation, the staleness of his prior criminal history, and the minor nature of his reentry offense. The district court did not abuse its discretion in imposing Escobar-Vasquez’s sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The above-Guidelines sentence is substantively reasonable in light of the section 3553(a) sentencing factors and the totality of the circumstances, including Escobar-Vasquez’s prior removals and failure to be deterred. See U.S.S.G. § 2L1.2 cmt. n. 9; Gall, 552 U.S. at 51, 128 S.Ct. 586.

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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