United States v. Cristobal Escobar-Vasquez

MEMORANDUM

Cristobal Escobar-Vasquez appeals from the district court’s judgment and challenges the 37-month sentence imposed following his guilty-plea conviction for being a removed alien found in the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Escobar-Vasquez contends that the district court procedurally erred by (i) focusing on deterrence to the exclusion of the other 18 U.S.C. § 3553 (a) sentencing factors, and (ii) failing to consider and 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. The record 'reflects that the district court considered the section 3553(a) sentencing factors and Escobar-Vasquez’s mitigating arguments, and adequately explained the sentence. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir.2008) (en banc).

Escobar-Vasquez next contends that his sentence is substantively unreasonable in light of his cultural assimilation, the staleness of his prior criminal history, and the minor nature of his reentry offense. The district court did not abuse its discretion in…