United States v. Miguel Gutierrez-Aguilar

MEMORANDUM

In these consolidated appeals, Miguel Angel Gutierrez-Aguilar appeals the 46-month sentence imposed following his guilty-plea conviction for reentry of a removed alien, in violation of 8 U.S.C. § 1326 , and the 15-month consecutive sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Gutierrez-Aguilar contends that the district court procedurally erred by failing to (1) consider the 18 U.S.C. § 3553 (a) sentencing factors, (2) address his nonfrivo-lous mitigating arguments, and (3) explain the sentence adequately. 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 the section 3553(a) factors and Gutierrez-Aguilar’s mitigating arguments, and explained the sentence sufficiently. See Rita v. United States, 551 U.S. 338, 357-59 , 127 S.Ct. 2456 , 168 L.Ed.2d 203 (2007); United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc).

Gutierrez-Aguilar also contends that the 61-month aggregate sentence is substantively unreasonable. The district court did not abuse its discretion. See…