United States v. Teodoro Pena-segura
Opinion
Opinion
MEMORANDUM
Teodoro Pena-Segura appeals from the 51-month sentence imposed following his guilty-plea conviction for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Pena-Segura contends that the district court procedurally erred at sentencing by failing to consider evidence that supported a downward departure on the basis of his family circumstances, and that the sentence is substantively unreasonable. A review of record demonstrates that the district court did not procedurally err and the sentence is substantively reasonable in light of the factors set forth in 18 U.S.C. § 3553 (a) and the totality of the circumstances. See Gall v. United States, 552 U.S. 38, 51-52 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007).
Nor is the Eighth Amendment implicated by the sentence. See United States v. Meiners, 485 F.3d 1211, 1213 (9th Cir.2007) (“[FJederal courts should be reluctant to review legislatively mandated terms of imprisonment, and ... successful challenges to the proportionality of particular sentences should be exceedingly rare.”) (internal quotation marks omitted).