United States v. Abraham Bueno-Mercado
Opinion
Opinion
MEMORANDUM
In these consolidated appeals, Abraham Bueno-Mercado appeals the 37-month sentence imposed following his guilty-plea conviction for reentry after deportation, in violation of 8 U.S.C. § 1326 ; and the six-month consecutive sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291 .
In Appeal No. 14-10200, Bueno-Merca-do challenges his revocation sentence, arguing that the district court failed to consider his mitigation arguments, failed to explain its sentence, and imposed a substantively unreasonable sentence. The record reflects that the district court considered Bueno-Mereado’s mitigation arguments and sufficiently explained the sentence. See United States v. Carty, 520 F.3d 984, 992 (9th Cir.2008) (en banc). Moreover, the district court did not abuse its discretion in imposing Bueno-Merca-do’s sentence. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). The sentence is reasonable in light of the 18 U.S.C. § 3583 (e) factors and the totality of the circumstances. See Gall, 552 U.S. at 51 , 128 S.Ct. 586 . Accordingly, we affirm in Appeal No. 14-10200.