United States v. Alberto Mojica-Gomez
Opinion
MEMORANDUM **
Alberto Mojica-Gomez appeals from the district court’s judgment and challenges the 30-month sentence imposed- following his guilty-plea conviction for reentry of a removed alien, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Mojica-Gomez contends that the district court procedurally erred by failing to consider and discuss his sentencing 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 Mojica-Gomez’s arguments and sufficiently explained its reasons for granting an 11-month downward variance. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc). Moreover, the below-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Mojica-Gomez’s criminal history. 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. Alberto MOJICA-GOMEZ, A.K.A. Alberto Gomez Mojica, Defendant-Appellant
- Status
- Unpublished