Jimenez-Alvarado

MEMORANDUM **

Gabriel Jimenez-Alvarado appeals from the district court’s judgment and challenges the 46-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.

Jimenez-Alvarado contends that the district court procedurally erred by failing to appreciate its discretion under Kimbrough v. United States, 552 U.S. 85 , 128 S.Ct. 558 , 169 L.Ed.2d 481 (2007), to vary downward from the Guidelines range on policy grounds, and by failing to explain how it exercised that discretion. Because Jimenez-Alvarado did not raise these objections in the district court, we review for plain error.. See United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010). We find none. The record reflects that the district court appreciated its discretion to vary below the Guidelines range, but declined to do so because it found Jimenez-Alvarado’s policy challenge and mitigating arguments unpersuasive. See United States v. Henderson, 649 F.3d *288 955, 964 (9th Cir.2011) (“[District courts are not obligated to vary from the…