United States v. Deleon-Archila

MEMORANDUM ^**

Yuri Saul Deleon-Archila appeals from the 60-month sentence imposed following his guilty-plea conviction for being a deported alien found unlawfully in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Deleon-Archila contends that the district court procedurally erred at sentencing by failing to: 1) fully address his non-frivolous arguments in support of a lower sentence; 2) adequately explain the sentence imposed; and 8) consider all of the 18 U.S.C. § 3553(a) factors. Deleon-Ar-chila also contends that the sentence is substantively unreasonable. The record reflects that the district court considered Deleon-Archila’s arguments and did not otherwise procedurally err. See United States v. Carty, 520 F.3d 984, 991-93, 995 (9th Cir.2008) (en banc). Moreover, in light of the totality of the circumstances, the sentence is substantively reasonable. See id. at 993.

Deleon-Archila’s contention that his sentence violates the Fifth and Sixth Amendments because his prior convictions were neither admitted, nor established by a jury beyond a reasonable doubt, is foreclosed. See United States v. Grajeda, 581 F.3d 1186, 1197 (9th Cir.2009).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.