United States v. Gabriel Arellano

MEMORANDUM

Gabriel Arellano appeals from the district court’s judgment and challenges his guilty-plea conviction and 60-month sen tence 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.

Arellano contends that his Sixth Amendment right to a speedy trial was violated by the three-year delay between his indictment and arrest. By pleading guilty, he waived this claim. See United States v. Chon, 210 F.3d 990 , 995 (9th Cir.2000) (upon entering conditional guilty pleas pursuant to Fed.R. Crim.P. 11(a)(2), defendants waived all other issues not expressly reserved for appeal).

Arellano next 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 record reflects that the district court considered Arellano’s arguments and sufficiently explained the sentence. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir.2008) (en banc).

Finally, Arellano contends that the district court abused its discretion…