United States v. Cristobal Figueroa-Magana

MEMORANDUM

Cristobal Figueroa-Magana appeals from the district court’s judgment and challenges the 18-month custodial sentence and three-year term of supervised release imposed following his guilty-plea conviction for fraud and misuse of visas, permits, and other entry documents, in violation of 18 U.S.C. § 1546 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Figueroa-Magana contends that the three-year term of supervised release is substantively unreasonable in light of his circumstances and U.S.S.G. § 5Dl.l(c). The district court did not abuse its discretion. See United States v. Valdavinos-Torres, 704 F.3d 679, 692 (9th Cir.2012). The term is substantively reasonable in light of the 18 U.S.C. § 3553 (a) sentencing factors and the totality of the circumstances, including Figueroa-Magana’s significant criminal history. See U.S.S.G. § 5D1.1 cmt. n. 5; Valdavinos-Torres, 704 F.3d at 692-93 .

Figueroa-Magana next contends that the government breached the plea agreement by recommending a term of supervised release. We review for plain error, see United States v. Whitney, 673 F.3d 965, 970 (9th Cir.2012), and find none. Figueroa-Magana has not shown a breach because…