United States v. Mario Saldana-Orta

MEMORANDUM

Mario Saldana-Orta appeals from the district court’s judgment and challenges the 12-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.

Saldana-Orta contends that the district court procedurally erred by basing his sentence on erroneous facts concerning prior domestic violence charges. Because he did not raise this objection below, we review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010), and find none. Given the court’s repeated statements that the 12-month sentence was necessary as a deterrent to future illegal reentries, Saldana-Orta has not shown a reasonable probability that he would have received a different sentence. See United States v. Dallman, 533 F.3d 755, 762 (9th Cir.2008).

Saldana-Orta also contends that his sentence is substantively unreasonable. The district court did not abuse its discretion in imposing Saldana-Orta’s sentence. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). The above-Guidelines sentence is…