United States v. Luis Arredondo-Vargas

MEMORANDUM

Luis Arredondo-Vargas appeals from the 24-month sentence imposed following his guilty-plea conviction for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Arredondo-Vargas contends that the district court procedurally erred by failing to properly calculate the Guidelines range, by failing to sufficiently explain why the above Guidelines range sentence was necessary, and by failing to explain the denial of a fast-track departure. He also contends that the sentence is substantively unreasonable in light of criminal history. The record reflects that the district court did not procedurally err in its calculation of the advisory sentencing Guideline range or its consideration of the 18 U.S.C. § 3553 (a) factors, and that the sentence is substantively reasonable in light of the totality of the circumstances. See United States v. Carty, 520 F.3d 984, 991-993 (9th Cir.2008) (en banc); see also United States v. Higuera-Llamos, 574 F.3d 1206, 1210-12 (9th Cir.2009).

Finally, in a footnote in his opening brief, Arredondo-Vargas contends that the district…