United States v. Miriam Aviles-Brito

U.S. Court of Appeals for the Ninth Circuit
United States v. Miriam Aviles-Brito, 623 F. App'x 341 (9th Cir. 2015)

United States v. Miriam Aviles-Brito

Opinion

MEMORANDUM **

In these consolidated appeals, Miriam Aviles-Brito appeals the 37-month sentence imposed following her guilty-plea conviction for reentry of a removed alien, in violation of 8 U.S.C. § 1326, and the consecutive four-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Aviles-Brito contends that the district court procedurally erred by failing to address her arguments for (1) a downward variance based on the nature and circumstances of the offense, and (2) a downward departure for cultural assimilation. 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 Aviles-Brito’s arguments and granted a two-level downward variance based on the 18 U.S.C. § 3553(a) factors. Contrary to Aviles-Brito’s contention, the court was not required to explicitly address each of her arguments. See Rita v. United States, 551 U.S. 338, 358-59, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007). Moreover, the district court did not abuse its discretion in imposing the aggregate below-Guidelines sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

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. Miriam AVILES-BRITO, A.K.A. Mariam Aviles De Reyes, A.K.A. Miriam Aviles De Reyes, Defendant-Appellant
Status
Unpublished