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NOT FOR PUBLICATION OCT 03 2013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, Nos. 12-10452
12-10455
Plaintiff - Appellee,
D.C. Nos. 2:11-cr-50140-GMS
v. 2:11-cr-01753-GMS
ANASTACIO GARCIA-CARAVEO, MEMORANDUM *
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
G. Murray Snow, District Judge, Presiding
Submitted September 24, 2013 **
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
In these consolidated appeals, Anastacio Garcia-Caraveo appeals from the
district court’s judgment and challenges the 46-month sentence and 36-month term
of supervised release imposed following his guilty-plea conviction for reentry of a
removed alien, in violation of 8 U.S.C. § 1326. He also appeals the 11-month
*
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).
sentence imposed following revocation of supervised release. We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
Garcia-Caraveo contends that the district court procedurally erred by failing
to consider his mitigating arguments or adequately explain the sentence. We
review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103,
1108 (9th Cir. 2010), and find none. The district court heard the mitigating
arguments and sufficiently explained the sentence, including the supervised release
term. See Rita v. United States, 551 U.S. 338, 358-59 (2007).
Garcia-Caraveo also contends that the total 57-month sentence is
substantively unreasonable in light of the age of his prior robbery conviction,
which triggered a 12-level enhancement. The district court did not abuse its
discretion in imposing Garcia-Caraveo’s sentence. See Gall v. United States, 552
U.S. 38, 51 (2007). The sentence is substantively reasonable in light of the
relevant 18 U.S.C. § 3553(a) sentencing factors and the totality of the
circumstances, including the need for deterrence. See id.
Garcia-Caraveo finally contends that the three-year term of supervised
release is substantively unreasonable in light of U.S.S.G. § 5D1.1(c). The district
court did not abuse its discretion in imposing a term of supervised release. See
United States v. Valdavinos-Torres, 704 F.3d 679, 692-93 (9th Cir. 2012). The
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sentence is substantively reasonable in light of the totality of the circumstances,
including the need for additional deterrence. See id.; U.S.S.G. § 5D1.1 cmt. n.5
(the district court should consider imposing supervised release on a deportable
alien “if the court determines it would provide an added measure of deterrence and
protection”).
AFFIRMED.
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