NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT AUG 01 2013
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
UNITED STATES OF AMERICA, No. 12-30294
Plaintiff - Appellee, D.C. No. 2:12-cr-06026-WFN
v.
MEMORANDUM *
HECTOR FARIAS-ALVAREZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Wm. Fremming Nielsen, District Judge, Presiding
Submitted July 24, 2013 **
Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
Hector Farias-Alvarez appeals from the district court’s judgment and
challenges the 46-month sentence imposed following his guilty-plea conviction for
being an alien in the United States after deportation, in violation of 8 U.S.C.
§ 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Farias-Alvarez contends that the district court erred when it applied a 16-
level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) based on his prior assault
conviction under section 9A.36.021(1)(c) of the Revised Code of Washington.
The district court did not err when it applied the enhancement. See United States v.
Hermoso-Garcia, 413 F.3d 1085, 1089 (9th Cir. 2005) (holding that a conviction
under section 9A.36.021(1) is categorically a “crime of violence” under section
2L1.2(b)(1)(A)(ii)); see also United States v. Grajeda, 581 F.3d 1186, 1189 (9th
Cir. 2009) (court’s “inquiry is complete” if offense is categorically a crime of
violence).
Farias-Alvarez contends that the district court procedurally erred by failing
to sentence him individually and failing to address his non-frivolous requests for
sentencing relief. We review for harmless error. See United States v. Munoz-
Camarena, 631 F.3d 1028, 1030 & n.5 (9th Cir. 2011) (per curiam). The district
court did not err because, before imposing the sentence, it considered Farias-
Alvarez’s history and characteristics and his arguments for a lower sentence based
on cultural assimilation and the need to avoid sentencing disparities.
Farias-Alvarez also contends that his sentence is substantively unreasonable
in light of the nature and circumstances of the offense, his history and
characteristics, and the need to avoid unwarranted disparity with similarly situated
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illegal aliens. The district court did not abuse its discretion in imposing Farias-
Alvarez’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The
sentence at the low end of the Guidelines range is substantively reasonable in light
of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors.
See id.
AFFIRMED.
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