FILED
NOT FOR PUBLICATION JAN 03 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-10109
Plaintiff - Appellee, D.C. No. 3:12-cr-00468-EMC
v.
MEMORANDUM*
RICARDO SANDOVAL JIMENEZ, a.k.a.
Sostense Huerta, a.k.a. Agustin Lionel,
a.k.a. Rosendo Pineda, a.k.a. Jimenez
Rogendo, a.k.a. Ricardo Sandoval, a.k.a.
Richardo Sandoval,
Defendant - Appellant.
Appeal from the United States District Court
for the Northern District of California
Edward M. Chen, District Judge, Presiding
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Ricardo Sandoval Jimenez appeals from the district court’s judgment and
challenges the 60-month sentence and three-year supervised release term imposed
*
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).
following his guilty-plea conviction for reentry of a removed alien, in violation of
8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Sandoval Jimenez contends that the district court procedurally erred by
failing to consider all of the 18 U.S.C. § 3553(a) sentencing factors, to consider
and respond to his mitigating arguments, and to explain the sentence imposed. 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
adequately considered the section 3553(a) sentencing factors, adequately
considered and responded to Sandoval Jimenez’s mitigating arguments, and
sufficiently explained the sentence and why a supervised release term was
warranted. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en
banc).
Sandoval Jimenez next contends that the three-year term of supervised
release is substantively unreasonable in light of U.S.S.G. § 5D1.1(c) (2011). The
district court did not abuse its discretion. See United States v. Valdavinos-Torres,
704 F.3d 679, 692 (9th Cir. 2012). The three-year term of supervised release is
substantively reasonable in light of the totality of the circumstances, including
Sandoval Jimenez’s extensive criminal history and three prior deportations. See id.
at 692-93; see also U.S.S.G. § 5D1.1 cmt. n.5.
AFFIRMED.
2 13-10109