United States v. Jaime Caballero

MEMORANDUM

Jaime Vicente Caballero appeals from the district court’s judgment and challenges the 24-month sentence imposed following his guilty-plea conviction for reentry of a removed alien, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Caballero contends that the district court procedurally erred by failing to address his argument that the illegal reentry guideline, U.S.S.G. § 2L1.2, lacks a sound empirical or policy basis, and by failing to appreciate its discretion under Kimbrough v. United States, 552 U.S. 85 , 128 S.Ct. 558 , 169 L.Ed.2d 481 (2007), to vary downward from the applicable Guidelines range on policy grounds. Contrary to Caballero’s contention, we review for plain error because he did not raise these objections in the district court. See United States v. Valencia-Barragan, 608 F.3d 1103 , 1108 & n. 3 (9th Cir.2010). We find none. The record reflects that the district court considered Caballero’s sentencing memorandum, which contained his Kimbrough based challenges to the Guideline. Caballero has not shown a reasonable probability that he would have received a different sentence had the district court explicitly…