United States v. Valladares-Fernandez

MEMORANDUM^**

Edwin Valladares-Fernandez appeals from the district court’s judgment and challenges the 57-month custodial sentence and the three-year term of supervised release 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.

Valladares-Fernandez argues that the district court procedurally erred by failing to address his cultural assimilation argument. Wé review for plain error, see United States v. Valencior-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010), and find none. The record reflects that the district court considered Valladares-Fernandez’s mitigating arguments and adequately explained the sentence. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir.2008) (en banc).

Valladares-Fernandez also contends that his custodial sentence and supervised release term are substantively unreasonable in light of his cultural assimilation and status as a deportable alien. The district court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The within-Guidelines sentence and three-year supervised release term are substantively reasonable in light of the totality of the circumstances, including Valladares-Fer-nandez’s criminal history and his recent arrests. See id.; see also U.S.S.G. § 5D1.1 cmt. n. 5 (supervised release for a deportable alien is appropriate if it would provide an added measure of deterrence and protection).

AFFIRMED.

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