Aguilar

MEMORANDUM *

Roman Cisneros Aguilar was sentenced to a 77-month prison term and a three-year period of supervised release based on his conviction for illegally reentering the United States after being deported under 8 U.S.C. § 1326 . He appeals his sentence on several grounds. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

1. We review a district court’s sentencing decision for reasonableness. United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc) (citing Rita v. United States, 551 U.S. 338 , 127 S.Ct. 2456, 2459 , 168 L.Ed.2d 203 (2007)). A sentence is unreasonable if the court commits procedural error, such as basing its sentencing determination on “clearly erroneous facts.” Id. We conclude, however, that the court’s comments at issue in this appeal did not constitute factual findings, and, therefore, that it did not commit procedural error by basing its sentence on erroneous facts.

We also conclude that the district court did not impermissibly base its sentencing determination on Aguilar’s constitutionally protected practices and beliefs. Indeed, Aguilar requested the court to consider his family relationships in the United…