United States v. Gualberto Bahena-Carreno

facts. The district court did not plainly err. The record does not reflect that

Bahena-Carrena requested a downward departure. Moreover, the court entertained

Bahena-Carreno’s arguments as part of its consideration of the 18 U.S.C.

§ 3553(a), granted a downward variance based on the staleness of Bahena-

Carreno’s prior conviction, and explained why a further variance was not

warranted. See United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en

banc); United States v. Dallman, 533 F.3d 755, 762 (9th Cir. 2008) (defendant’s

burden to demonstrate reasonable probability that sentence would have been

different absent procedural error).

Bahena-Carreno also contends that his sentence is substantively

unreasonable. In light of the totality of the circumstances and the section 3553(a)

sentencing factors, the sentence is substantively reasonable. See Gall v. United

States, 552 U.S. 38, 51 (2007).

AFFIRMED.

11-50160