United States v. Jose Calvillo-Alvarado

MEMORANDUM

Jose Calvillo-Alvarado appeals his sentence of 70 months’ imprisonment, imposed for his conviction of illegal reentry after deportation in violation of 8 U.S.C. § 1326 . Calvillo contends the district court erred because it considered itself without discretion to deviate from the United States Sentencing Guidelines. Calvillo fui’ther contends the district court failed to consider whether the sentence was “sufficient, but no greater than necessary” under the sentencing factors listed in 18 U.S.C. § 3553 (a). Finally, Calvillo contends his sentence is substantively unreasonable. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

This court reviews federal sentences under an abuse of discretion standard. United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc). Applying that standard, we will overturn a sentence only if the district court’s application of facts to the correct legal standard was “illogical, implausible, or without support in inferences that may be drawn from the record.” United States v. Hinkson, 585 F.3d 1247, 1251 (9th Cir.2009) (en banc).

The record does not show'that the district court believed it was without discretion to deviate…