United States v. Cristobal Figueroa-Magana , 608 F. App'x 500 ( 2015 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 25 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-50420
Plaintiff - Appellee, D.C. No. 3:14-cr-00603-BEN
v.
MEMORANDUM*
CRISTOBAL FIGUEROA-MAGANA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted June 22, 2015**
Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
Cristobal Figueroa-Magana appeals from the district court’s judgment and
challenges the 18-month custodial sentence and three-year term of supervised
release imposed following his guilty-plea conviction for fraud and misuse of visas,
permits, and other entry documents, in violation of 18 U.S.C. § 1546. We have
*
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).
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Figueroa-Magana contends that the three-year term of supervised release is
substantively unreasonable in light of his circumstances and U.S.S.G. § 5D1.1(c).
The district court did not abuse its discretion. See United States v.
Valdavinos-Torres, 704 F.3d 679, 692 (9th Cir. 2012). The term is substantively
reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of
the circumstances, including Figueroa-Magana’s significant criminal history. See
U.S.S.G. § 5D1.1 cmt. n.5; Valdavinos-Torres, 704 F.3d at 692-93.
Figueroa-Magana next contends that the government breached the plea
agreement by recommending a term of supervised release. We review for plain
error, see United States v. Whitney, 673 F.3d 965, 970 (9th Cir. 2012), and find none.
Figueroa-Magana has not shown a breach because the plea agreement advised him
that a term of supervised release was one of the statutory penalties for his offense,
and the agreement was silent regarding whether the government could recommend a
term of supervised release. See United States v. Franco-Lopez, 312 F.3d 984, 989
(9th Cir. 2002) (construing plea agreement based on what the defendant reasonably
believed to be its terms at the time of the plea).
AFFIRMED.
2 14-50420