United States v. Sergio Ochoa-Torres

MEMORANDUM

In these consolidated appeals, Sergio Ochoa-Torres appeals from the 13-month sentence and three-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 ; and the 12-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Ochoa-Torres contends that the district court procedurally erred by failing to explain sufficiently why it imposed a three-year term of supervised release. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010), and find none. Ochoa-Torres has not shown a reasonable probability that he would have received a different sentence had the court given a more detailed explanation of the sentence. See United States v. Dallman, 533 F.3d 755, 762 (9th Cir.2008).

Ochoa-Torres further contends that the three-year term of supervised release is substantively unreasonable. The district court did not abuse its discretion in imposing supervised release. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). The…