United States v. Julius Kabukuru

MEMORANDUM

Julius Kabukuru appeals from the 48-month sentence imposed following his guilty-plea conviction for encouraging aliens to enter or reside in the United States illegally, in violation of 8 U.S.C. § 1324 (a)(1)(A)(iv). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

First, Kabukuru contends that the district court committed procedural error because it failed to review, consider, calculate, use as a starting point, or remain cognizant of the advisory Sentencing Guideline range. Although the district court plainly erred, Kabukuru has not shown a reasonable probability that he would have received a different sentence but for the district court’s error. See United States v. Dallman, 583 F.3d 755, 761-62 (9th Cir.2008).

Second, Kabukuru contends that the district court committed procedural error by failing to explain adequately the above-Guidelines sentence. The record belies this contention.

Third, Kabukuru contends that his sentence is substantively unreasonable. The 48-month sentence is substantively reasonable in light of the totality of the circumstances and the 18 U.S.C. § 3553 (a) sentencing factors. See Gall v. United States, 552 U.S. 38, 51 , 128…