United States v. Miguel Fonseca

MEMORANDUM

Miguel Angel Fonseca appeals from the 36-month sentence imposed following his guilty-plea conviction for attempted entry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Fonseca contends that the district court procedurally erred by failing to address several of his sentencing arguments and that the sentence was substantively unreasonable because it failed adequately to reflect the considerations at 18 U.S.C. § 3553 (a). Our review of the record indicates that the judge’s explanation of the sentence was procedurally adequate under the circumstances. See Rita v. United States, 551 U.S. 338, 359 , 127 S.Ct. 2456 , 168 L.Ed.2d 203 (2007); United States v. Carty, 520 F.3d 984, 995 (9th Cir.2008) (en banc). Considering the totality of the circumstances, the 36-month sentence — five months below the advisory guidelines range — was substantively reasonable. Id. at 993 .

Fonseca also contends that application of the 16-level enhancement under U.S.S.G. § 2L1.2 resulted in improper double-counting of the fact of his prior conviction, because the prior conviction was also considered in calculating his…