United States v. Rene Aguilar

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 5 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 17-50359
Plaintiff-Appellee, D.C. No. 3:17-cr-01172-LAB
v.
MEMORANDUM*
RENE ANTONIO AGUILAR,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted October 22, 2018**
Before: SILVERMAN, GRABER, and GOULD, Circuit Judges.
Rene Antonio Aguilar appeals from the district court’s judgment and
challenges the 48-month sentence imposed following his guilty-plea conviction for
being a removed alien found in the United States, in violation of 8 U.S.C. § 1326.
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Aguilar contends that the district court procedurally erred by failing to
address his non-frivolous arguments for a lower sentence. We review for plain
error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108, 1108 & n.3
(9th Cir. 2010), and conclude that there is none. The record reflects that the court
considered Aguilar’s mitigating arguments and was not persuaded that they
warranted a lower sentence. See United States v. Perez-Perez, 512 F.3d 514, 516
(9th Cir. 2008).
Aguilar next contends that the district court erred by failing to explain
adequately his above-Guidelines sentence. We conclude that the district court’s
explanation was sufficient to allow for meaningful review. See Rita v. United
States, 551 U.S. 338, 356-57 (2007); United States v. Leonard, 483 F.3d 635, 637
(9th Cir. 2007).
AFFIRMED.
2 17-50359