United States v. Gabriel Fuentes-Rojas

MEMORANDUM

Gabriel Fuentes-Rojas appeals from the district court’s judgment.and challenges the 27-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.

Fuentes-Rojas contends that the district court procedurally erred by (1) relying on an improper sentencing factor; (2) focusing on deterrence to the exclusion of the other 18 U.S.C. § 3553 (a) factors, and (3) failing to address adequately his policy argument. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010), and find no error. The record reflects that the district court properly considered the 18 U.S.C. § 3553 (a) sentencing factors and did not rely on an impermissible factor. See United States v. Carty, 520 F.3d 984, 992 (9th Cir.2008) (en banc) (“The district court need not tick off each of the [sentencing] factors to show that it has considered them.”). In addition, the district court listened to Fuentes-Rojas’s mitigating arguments and recognized its discretion to vary from the Guidelines on policy grounds. See United…