United States v. Miguel Martinez-Villareal

MEMORANDUM

In these consolidated appeals, Miguel Martinez-Villareal appeals from the district court’s judgments and challenges the 79-month sentence imposed following his guilty-plea conviction for reentry of a removed alien, in violation of 8 U.S.C. § 1326 , and the 16-month consecutive sen- - tence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Martinez-Villareal contends that the district court erred by (1) failing to explain adequately the sentences imposed, (2) failing to address his sentencing arguments, and (3) presuming that a Guidelines sentence was reasonable. We review for plain error, see United States v. Valenci a—Bar ragan, 608 F.3d 1103, 1108 (9th Cir.2010), and find none. The record reflects that the court considered Martinez-Villareal’s arguments, sufficiently explained the sentences, and properly treated the Guidelines as advisory in granting Martinez-Villareal’s request for a downward variance. See United States v. Carty, 520 F.3d 984, 992 (9th Cir.2008) (en banc). Moreover, the below-Guidelines sentences are substantively reasonable in light of the relevant sentencing factors and the totality of the…