United States v. Cesar Gonzalez-Orozco

Good Law
667 F. App'x 687
United States Court of Appeals for the Ninth CircuitAugust 1, 201615-50175California365 words

Opinion

Opinion

MEMORANDUM

Cesar Gonzalez-Orozco appeals from the district court’s judgment and challenges the 77-month custodial sentence and three-year term of supervised release 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 under 28 U.S.C. § 1291 , and we affirm but remand to correct the judgment.

Gonzalez-Orozco contends that the district court procedurally erred by failing to consider and address his sentencing arguments sufficiently. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. The record reflects that the district court considered each of Gonzalez-Orozco’s arguments for a lower sentence and adequately explained its reasons’ for imposing the low-end sentence. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc).

Gonzalez-Orozco next contends that the district court procedurally erred by impos ing the term of supervised release, and that the term of supervised release is substantively unreasonable. These claims fail. Contrary to Gonzalez-Orozco’s contentions, the…

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