United States v. Alberto Bernardino

MEMORANDUM

Alberto Javier Bernardino appeals from the district court’s judgment and challenges the 18-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.

Bernardino contends that the district court procedurally erred by failing to calculate the Guidelines range, address adequately the 18 U.S.C. § 3553 (a) sentencing factors, and explain sufficiently the sentence imposed. We review for plain error, see United States v. Valencias-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010), and find none. Bernardino has not shown a reasonable probability that he would have received a different sentence had the court explicitly calculated the Guidelines range. See United States v. Dallman, 533 F.3d 755, 762 (9th Cir.2008). The record reflects that the court was aware of the Guidelines range, considered the section 3558(a) sentencing factors, and adequately explained the sentence.

Bernardino next contends that his sentence is substantively unreasonable because the court overemphasized his criminal history and ignored mitigating factors. The…