United States v. Jesus Gonzalez-Mendoza

MEMORANDUM

Jesus Gonzalez-Mendoza appeals from the 60-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 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

Gonzalez-Mendoza contends that the district court procedurally erred by failing to adequately explain the sentence and by not responding to his non-frivolous arguments in mitigation. The record reflects that the district court carefully considered the 18 U.S.C. § 3553 (a) sentencing factors, including Gonzalez-Mendoza’s arguments in mitigation, before concluding that the circumstances were insufficient to warrant a sentence below the one imposed. The district court did not procedurally err in fashioning the sentence. See United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc).

Gonzales-Mendoza also contends that the sentence imposed is substantively unreasonable because the prior aggravated felony conviction used to impose a 16-level enhancement to his base offense level was remote in time, unrelated to the instant offense, and already accounted for in his criminal history score. This argument lacks…