United States v. Alberto Mojica-Gomez , 633 F. App'x 487 ( 2016 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 21 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-10207
Plaintiff - Appellee, D.C. No. 4:14-cr-01334-CKJ
v.
MEMORANDUM*
ALBERTO MOJICA-GOMEZ, a.k.a.
Alberto Gomez Mojica,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted March 15, 2016**
Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
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
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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 (2007).
AFFIRMED.
2 15-10207