United States v. Alberto Mojica-Gomez

633 F. App'x 487

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 21, 2016
• Docket: 15-10207
• Status: Unpublished

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.