United States v. Misael Corona-Romero

FILED NOT FOR PUBLICATION SEP 26 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-10621 Plaintiff - Appellee, D.C. No. 4:12-cr-00333-RCC v. MEMORANDUM * MISAEL CORONA-ROMERO, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Daniel L. Hovland, District Judge, Presiding ** Submitted September 24, 2013 *** Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges. Misael Corona-Romero appeals from the district court’s judgment and challenges the 77-month sentence imposed following his guilty-plea conviction for * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Daniel L. Hovland, United States District Judge for the District of North Dakota, sitting by designation. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Corona-Romero contends that the district court procedurally erred by failing to consider all of the 18 U.S.C. § 3553(a) sentencing factors, and by failing to explain adequately the sentence. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. Although the district court did not explicitly reject the arguments raised by Corona-Romero, the record reflects that the court considered those arguments along with the section 3553(a) sentencing factors, and adequately explained the sentence imposed. See United States v. Perez-Perez, 512 F.3d 514, 516-17 (9th Cir. 2008). Corona-Romero also contends that his sentence is substantively unreasonable. The district court did not abuse its discretion in imposing Corona- Romero’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The 77- month sentence at the bottom of the Guidelines is substantively reasonable in light of the section 3553(a) sentencing factors and the totality of the circumstances, including Corona-Romero’s criminal history. See id. AFFIRMED. 2 12-10621