United States v. Efrain Armenta-Aguilar

MEMORANDUM

Efrain Armenta-Aguilar appeals from the district court’s judgments and challenges the 27-month sentence imposed following his guilty-plea conviction for attempted reentry of a removed alien, in violation of 8 U.S.C. § 1326 , and the 12-month-and-one-day consecutive sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Armenta-Aguilar contends the district court procedurally erred in imposing his illegal reentry sentence by failing to (i) justify the 12-month upward variance, and (ii) explain its rejection of his mitigating arguments. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010), and find none. Contrary to Armenta-Aguilar’s contentions, the district adequately explained the sentence and its rejection of his mitigating arguments. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir.2008) (en banc).

Armenta-Aguilar next contends that the alleged procedural errors rendered his attempted reentry sentence substantively unreasonable, and that his aggregate sentence of 39 months and one day is greater than necessary to meet the goals of sentencing. The…