United States v. Oliverio Arellano-Aviles

MEMORANDUM

Oliverio Arellano-Aviles appeals from the 38-month sentence imposed following his guilty-plea conviction for being a deported alien found unlawfully in the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Arellano-Aviles contends that the district court procedurally erred when it failed to explain adequately why it rejected his arguments for a more lenient sentence based on the minor nature of his aggravated felony conviction. The record belies his contention. The district court considered Arellano-Aviles’s mitigating arguments and adequately explained that in light of his criminal history, a sentence at the bottom of the advisory Guidelines range was warranted. See 18 U.S.C. § 3553 (a); United States v. Carty, 520 F.3d 984, 992 (9th Cir.2008) (en banc). In light of the totality of the circumstances and the 18 U.S.C. § 3553 (a) sentencing factors, Arel-lano-Aviles’s 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.