United States v. Anastacio Garcia-Caraveo

MEMORANDUM

In these consolidated appeals, Anastacio Garcia-Caraveo appeals from the district court’s judgment and challenges the 46-month sentence and 36-month term of supervised release imposed following his guilty-plea conviction for reentry of a removed alien, in violation of 8 U.S.C. § 1326 . He also appeals the 11-month sentence imposed following revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Garcia-Caraveo contends that the district court procedurally erred by failing to consider his mitigating arguments or adequately explain the sentence. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010), and find none. The district court heard the mitigating arguments and sufficiently explained the sentence, including the supervised release term. See Rita v. United States, 551 U.S. 338, 358-59, 127 S.Ct. 2456 , 168 L.Ed.2d 203 (2007).

Garcia-Caraveo also contends that the total 57-month sentence is substantively unreasonable in light of the age of his prior robbery conviction, which triggered a 12-level enhancement. The district court did not abuse its discretion in imposing…