Garcia-Mendez

MEMORANDUM **

Ariel Garcia-Mendez appeals from the 51-month sentence imposed following his guilty-plea conviction for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Garcia-Mendez contends that the district court procedurally erred by failing to: (1) appreciate its discretion under Kimbrough v. United States, 552 U.S. 85 , 128 S.Ct. 558 , 169 L.Ed.2d 481 (2007), to deviate from the illegal-reentry Guidelines based policy grounds; and (2) explain why it rejected Garcia-Mendez’s mitigating argument concerning his abusive childhood. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010), and find none. The district court stated that it had considered Garcia-Mendez’s sentencing memorandum, in which he asserted his policy challenge under Kimbrough , and then imposed a sentence 26 months below the Guidelines range. Its failure to do more was not plain error. See United States v. Ayala-Nicanor, 659 F.3d 744, 752-53 (9th Cir.2011). Furthermore, the district court specifically addressed Garcia-Mendez’s abusive…