United States v. Benjamin Carreon-Ocampo

MEMORANDUM

Benjamin Carreon-Ocampo appeals from the district court’s judgment and challenges the 30-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.

Carreon-Ocampo contends that the district court procedurally erred at sentencing. Because Carreon-Ocampo did not raise these procedural issues in the district court, we review for plain error. See United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010). The district court did not plainly err. It was permissible for the district court to consider Carreon-Ocampo’s prior sentences for immigration offenses, and the court considered all of the factors set forth in 18 U.S.C. § 3553 (a), including the Sentencing Guidelines, and adequately explained the reasons for the sentence. See United States v. Carty, 520 F.3d 984, 991-92 (9th Cir.2008) (en banc); see also United States v. Higuera-Llamos, 574 F.3d 1206, 1211-12 (9th Cir.2009) (recognizing that it was proper to consider whether prior sentence for immigration offense served as an adequate deterrent when determining…