United States v. Ruben Perez-Cardenas

MEMORANDUM

Ruben Perez-Cardenas appeals from the 63-month sentence imposed following his guilty-plea conviction for re-entry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Perez-Cardenas contends that the district court proeedurally erred by failing to consider his arguments for a lesser sentence. The record belies Perez-Cardenas’s contention. The district court listened to his arguments and rejected them. See Rita v. United States, 551 U.S. 338, 358-59 , 127 S.Ct. 2456 , 168 L.Ed.2d 203 (2007). Accordingly, the district court did not commit plain error. See United States v. Ameline, 409 F.3d 1073, 1078 (9th Cir. 2005) (en banc).

Perez-Cardenas also contends that his sentence is substantively unreasonable. In light of the totality of the circumstances and the sentencing factors set forth in 18 U.S.C. § 3553 (a), the sentence at the low-end of the Guidelines range was reasonable. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007).

Finally, Perez-Cardenas concedes that his contention that his prior conviction under California Penal Code § 245(a)(1) is not a crime of violence…