United States v. Alejandro Garcia-Jacobo

MEMORANDUM

Alejandro Garcia-Jacobo appeals the district court’s 24-month sentence imposed for a violation of the terms of his supervised release. We have jurisdiction under 28 U.S.C. § 1291 . Reviewing for plain error, Henderson v. United States, — U.S. -, 133 S.Ct. 1121, 1124-25 , 185 L.Ed.2d 85 (2013), we affirm.

Garcia-Jacobo argues that the sentence imposed as a result of his violation of supervised release must be vacated in light of United States v. Aguilera-Rios, 769 F.3d 626 (9th Cir.2014), which was decided after he was sentenced, on the ground that his substantial rights were violated. Even assuming, without deciding, that Garcia-Jacobo can challenge a procedural error that occurred at a prior sentencing hearing, his claim nevertheless fails because he has not shown a reasonable probability that the district court would have imposed a lower sentence. First, there is no dispute that the district court imposed a sen tence that was within the correct sentencing guidelines range for a violation of the terms of supervised release. Second, while the district court did state that it “considered the underlying range for the underlying conviction,” the court made it clear that…