United States v. Hector Gonzalez-Corella

MEMORANDUM

Hector Gonzalez-Corella appeals from the district court’s judgment and challenges the 63-month sentence and 3-year term of supervised release imposed following his guilty-plea conviction for being a deported 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.

Gonzalez-Corella contends that the district court erred by imposing a 16-level increase pursuant to U.S.S.G. § 2L1.2(b)(l)(A)(ii) for his prior robbery conviction under section 211 of the California Penal Code. As Gonzalez-Corella concedes, this argument is foreclosed by United States v. Flores-Mejia, 687 F.3d 1213, 1214-16 (9th Cir.2012). We decline Gonzalez-Corella’s request that we seek en banc review of this issue.

Gonzalez-Corella also contends that the three-year term of supervised release is substantively unreasonable in light of U.S.S.G. § 5Dl.l(c). The district court did not abuse its discretion in imposing Gonzalez-Corella’s term of supervised release. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). The sentence is substantively reasonable in light of the totality of the circumstances,…