United States v. Jose Cabrera

MEMORANDUM

Jose Cabrera appeals from the district court’s judgment and challenges the 37-month sentence imposed following his guilty-plea conviction for violating 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Cabrera contends that the district court did not adequately explain the reasons for the sentence. He contends that the district court failed to explain the denials of his request to impose a lower sentence on the basis that he had been rehabilitated while serving a sentence in state prison and his request that the court sentence him using the range set forth in a rejected fast-track plea offer. The district court adequately explained the reasons for the sentence. See United States v. Carty, 520 F.3d 984, 992 (9th Cir.2008) (en banc). The court addressed Cabrera’s argument related to his state sentence, and the district court was not required to address Cabrera’s frivolous argument that he should receive a sentence based on a rejected fast-track plea agreement. See Carty, 520 F.3d at 992-93 ; cf. United States v. Gonzalez-Zotelo, 556 F.3d 736, 739-41 (9th Cir.2009) (holding that district court plainly erred when it decided to impose a…