United States v. Alejandro Gutierrez

MEMORANDUM

Alejandro Melchor Gutierrez appeals the district court’s imposition of a 77-month term of incarceration and a three-year term of supervised release, following his 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.

Melchor contends that the Government breached the Rule 11(c)(1)(C) plea agreement by implicitly arguing for a sentence greater than that which the parties had agreed to recommend. We hold that there was no plain error because, even assuming breach, Melchor has not shown that the alleged error affected his substantial rights. See United States v. Gonzalez-Aguilar, 718 F.3d 1185, 1188-89 (9th Cir.2013). Furthermore, the district court did not abuse its discretion in rejecting the plea agreement, because it adequately set forth its reasons for rejection in light of the specific circumstances of this case. See United States v. Harris, 679 F.3d 1179, 1182 (9th Cir.2012).

Melchor also challenges the procedural and substantive reasonableness of his term of imprisonment. Melchor’s procedural challenge fails under the plain error standard because there is no…