United States v. Jose Alvarado-Nolasco

MEMORANDUM

In these consolidated appeals, Jose Refugio Alvarado-Nolasco appeals from the 48-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 (a) and (b), and the 24-month consecutive sentence imposed following revocation of supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

First, Alvarado-Nolaseo contends the district court procedurally erred by (1) failing to consider his mental and medical condition and the lack of medical treatment he received in prison, and (2) imposing an above-guidelines sentence without properly explaining and considering all of the 18 U.S.C. § 3553 (a) sentencing factors. This contention is belied by the record. See United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc).

Second, Alvarado-Nolaseo contends that, to the extent the district court found that he had received adequate medical care, such finding was an abuse of discretion and plain error. There was no error in the district court’s statement that Alvarado-Nolaseo will “get the treatment that [the Bureau of Prisons] provides, which in [the district…