United States v. Cesar Flores-Montiel

MEMORANDUM

In these consolidated appeals, Cesar Francisco Flores-Montiel appeals the 24-month sentence imposed upon his guilty-plea conviction for attempted reentry after deportation, in violation of 8 U.S.C. § 1326 , and the eight-month custodial sentence and three-year term of supervised release imposed upon revocation of probation. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Flores-Montiel contends that the district court procedurally erred by failing to explain adequately the 24-month sentence imposed for his new criminal conviction. This claim fails. The record reflects that the court sufficiently explained its reasons for imposing the within-Guidelines sentence. See United States v. Carty, 520 F.3d 984, 992 (9th Cir.2008) (en banc).

Flores-Montiel next contends that the sentence imposed upon revocation of probation is substantively unreasonable. The district court did not abuse its discretion in imposing Flores-Montiel’s sentence. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). The term of supervised releasé and the below-Guidelines custodial sentence are substantively reasonable in light of the relevant 18 U.S.C. §…