United States v. Gilberto Madrid-Romero

MEMORANDUM

Gilberto Madrid-Romero appeals from the district court’s judgment and challenges the 70-month sentence imposed following his guilty-plea conviction for attempted re-entry after deportation, in violation of 8 U.S.C. § 1826 (a). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Madrid-Romero contends that the district court procedurally erred at sentencing. He did not object on these grounds in the district court, and we therefore review for plain error. United States v. Dallman, 533 F.3d 755, 761-62 (9th Cir.2008). The court did not plainly err. Madrid-Romero asserts that the district court failed to consider 18 U.S.C. § 3553 (a) factors presented by defense counsel and the Probation Officer. There is no evidence in the record to support this assertion, especially given that the court addressed the issues raised by defense counsel and the Probation Officer and stated that it had considered all of the factors. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir.2008) (en banc) (recognizing that a court must consider all of the § 3553(a) factors, but that the court need not tick off each of the factors to show that it has considered them). Madrid-Romero…