United States v. Domingo Matias-Perez

MEMORANDUM

Domingo Matias-Perez appeals from the district court’s judgment and challenges the 54-month sentence imposed following his guilty-plea conviction for reentry of a removed alien, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Matias-Perez contends that the district court proeedurally erred by improperly considering the fact that he rejected a fast-track plea agreement, failing to address his mitigating arguments, and failing to explain the sentence adequately. We review for plain error, United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. The record reflects that the district court considered Matias-Perez’s mitigating arguments and explained the sentence sufficiently. See United States v. Carty, 520 F.3d 984, 991-92 (9th Cir. 2008) (en banc). Moreover, the record does not support Matias-Perez’s contention that the district court improperly considered Matias-Perez’s rejection of the fast-track agreement or that it based the sentence on a policy of imposing harsher sentences for illegal reentry defendants who reject such agreements.

Matias-Perez also contends that the sentence is…