Iraheta
United States v. Iraheta
Opinion
Lead Opinion
MEMORANDUM **
Jose Iraheta appeals from the 57-month sentence imposed following his guilty-plea conviction for illegal reentry following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
Iraheta contends that the district court proeedurally erred by failing to consider his challenge to the sentencing enhancement under U.S.S.G. § 2L1.2(b), by giving too much weight to the Guidelines, by failing to address the 18 U.S.C. § 3553 (a) sentencing factors, and by failing to provide an adequate explanation for the sentence. We review for plain error. See United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010). There is no plain error here because “the district court listened to [Iraheta’s] arguments, stated that it had reviewed the criteria set forth in § 3553(a), and imposed a sentence within the Guidelines range.” Id.
Iraheta also contends that the sentence is substantively unreasonable because application of the 16-level sentencing enhancement under U.S.S.G. § 2L1.2 resulted in a sentence that was greater than necessary to meet the goals of sentencing. In light of the totality of the circumstances and the 18…