United States v. Jaime Lemus-Marines

MEMORANDUM

Jaime Lemus-Marines appeals from the 46-month sentence imposed following his guilty-plea conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Lemus-Marines contends that his sentence is procedurally unreasonable because the district court did not specifically discuss his principal arguments in favor of a shorter sentence. The record reflects that the district court adequately considered and addressed Lemus-Marines’s arguments and the 18 U.S.C. § 3553 (a) sentencing factors. See Rita v. United States, 551 U.S. 338, 356-58 , 127 S.Ct. 2456 , 168 L.Ed.2d 203 (2007). Furthermore, in light of the totality of the circumstances and the section 3553(a) sentencing factors, Lemus-Marines’s within-Guidelines sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.