United States v. Alfredo Mendoza-Alvarez

FILED NOT FOR PUBLICATION OCT 03 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-30186 Plaintiff - Appellee, D.C. No. 2:10-cr-02140-FVS v. MEMORANDUM * ALFREDO MENDOZA-ALVAREZ, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Washington Fred L. Van Sickle, District Judge, Presiding Submitted September 24, 2013 ** Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges. Alfredo Mendoza-Alvarez appeals from the district court’s judgment and challenges the 27-month term of supervised release imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Mendoza-Alvarez contends that the district court procedurally erred by * 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). failing to consider and explain why a new term of supervised release was warranted in light of U.S.S.G. § 5D1.1(c) (2011), which directs that a district court ordinarily should not impose a term of supervised release if the defendant is a deportable alien. The record reflects that the district court considered section 5D1.1(c) and adequately explained why it declined to follow it. Contrary to Mendoza-Alvarez’s contention, no written statement of reasons was required because the district court imposed a term of supervised release within the Guidelines range. See 18 U.S.C. § 3553(c)(2); U.S.S.G. § 7B1.3(g)(2); United States v. Valdavinos-Torres, 704 F.3d 679, 693 (9th Cir. 2012) (“no departure analysis is triggered” by the imposition of supervised release because section 5D1.1(c) is not mandatory). Mendoza-Alvarez also challenges the term of supervised release as substantively unreasonable. The district court did not abuse its discretion in imposing a 27-month term of supervised release. See Valdavinos-Torres, 704 F.3d at 692. The sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Mendoza-Alvarez’s numerous prior deportations. See id. at 692-93; see also U.S.S.G. § 5D1.1(c) cmt. n.5 (district court should consider imposing term of supervised release on deportable alien if it determines supervised release would 2 12-30186 provide an added measure of deterrence and protection). AFFIRMED. 3 12-30186