United States v. Ignacio Sosa

MEMORANDUM

Ignacio Lopez Sosa appeals from the district court’s judgment and challenges the 36-month sentence imposed following his guilty-plea conviction for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Lopez Sosa contends that the district court procedurally erred by failing to explain the sentence adequately. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010), and find none. The district court listened to Lopez Sosa’s arguments, stated that it had reviewed the criteria set forth in 18 U.S.C. § 3553 (a), and imposed a sentence below the Guidelines range. The failure to do more does not constitute plain error. See id.

Lopez Sosa also contends that his sentence is _ substantively unreasonable. The district court did not abuse its discretion in imposing Lopez Sosa’s sentence. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). The below-Guidelines sentence is substantively reasonable in light of the section 3553(a) sentencing factors and the totality of the circumstances,…