United States v. Miguel Gutierrez-Aguilar , 670 F. App'x 523 ( 2016 )

FILED
NOT FOR PUBLICATION NOV 03 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-10506
15-10507
Plaintiff-Appellee,
D.C. No. 4:15-cr-00393-RCC
v. D.C. No. 2:10-cr-01077-RCC
MIGUEL ANGEL GUTIERREZ- MEMORANDUM*
AGUILAR, a.k.a. Miguel Gomez, a.k.a.
Hugo Gutierrez-Gutierrez, a.k.a. Miguel
Gomez-Garcia,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Arizona
Raner C. Collins, Chief Judge, Presiding
Submitted October 25, 2016**
Before: LEAVY, GRABER, and CHRISTEN, Circuit Judges.
In these consolidated appeals, Miguel Angel Gutierrez-Aguilar appeals the
46-month sentence imposed following his guilty-plea conviction for reentry of a
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
removed alien, in violation of 8 U.S.C. § 1326, and the 15-month consecutive
sentence imposed upon revocation of supervised release. We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
Gutierrez-Aguilar contends that the district court procedurally erred by
failing to (1) consider the 18 U.S.C. § 3553(a) sentencing factors, (2) address his
nonfrivolous mitigating arguments, and (3) explain the sentence adequately. We
review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103,
1108 (9th Cir. 2010), and find none. The record reflects that the district court
considered the section 3553(a) factors and Gutierrez-Aguilar’s mitigating
arguments, and explained the sentence sufficiently. See Rita v. United States, 551
U.S. 338, 357-59 (2007); United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008)
(en banc).
Gutierrez-Aguilar also contends that the 61-month aggregate sentence is
substantively unreasonable. The district court did not abuse its discretion. See
Gall v. United States, 552 U.S. 38, 51 (2007). The aggregate within-Guidelines
sentence is substantively reasonable in light of the relevant sentencing factors and
the totality of the circumstances, including Gutierrez-Aguilar’s criminal and
immigration history. See id.
AFFIRMED.
2 15-10506 & 15-10507