United States v. Elias Torres
Opinion
Opinion
MEMORANDUM
Elias Torres appeals from the 57-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 under 28 U.S.C. § 1291 , and we affirm.
Torres contends that his sentence is substantively unreasonable due to the staleness of his prior felony conviction that triggered a 16-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A). We review for plain error. See United States v. Hammons, 558 F.3d 1100, 1103 (9th Cir.2009). The district court did not plainly err, as the record reflects that it considered Torres’ argument in this regard, and accounted for the age of the prior conviction by reducing his criminal history category from AH to V, and by granting a two-level downward departure based on a combination of factors. See United States v. Amezcua-Vasquez, 567 F.3d 1050, 1054-56 (9th Cir.2009). The sentence is substantively reasonable under the totality of the circumstances and in light of the sentencing factors set forth in 18 U.S.C. § 3553 (a). See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007).