United States v. Francisco Moran

MEMORANDUM

Francisco Javier Huerta Moran pleaded guilty to one count of being a previously deported alien found in the United States without permission, in violation of 8 U.S.C. § 1326 (a), (b)(2). He now appeals his sentence of 57 months’ imprisonment, three years’ supervised release, and a special assessment of $100. We affirm.

Moran’s first contention is that the district court failed to adequately explain the sentence. See United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc) (“[I]t would be procedural error ... to fail adequately to explain the sentence selected.”). Because his objections were not raised before the district court, we review for plain error. See United States v. Autery, 555 F.3d 864, 869-70 (9th Cir.2009). No error is apparent here, let alone plain error. The district judge reviewed Moran’s written submissions and the 18 U.S.C. § 3553 (a) factors; she heard further argu ment at the sentencing hearing; the sentence was within the Guidelines range; and her explanation was “sufficient[ ] to permit meaningful appellate review.” Carty, 520 F.3d at 992 ; see also Rita v. United States, 551 U.S. 338, 356 , 127 S.Ct. 2456 , 168 L.Ed.2d 203 (2007) (“The…