FILED
NOT FOR PUBLICATION FEB 21 2017
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-50062
Plaintiff-Appellee, D.C. No. 2:15-cr-00300-RGK
v.
MEMORANDUM*
JUAN MANUEL ESCOBAR, a.k.a. Juan
Manuel Ramirez,
Defendant-Appellant.
Appeal from the United States District Court
for the Central District of California
R. Gary Klausner, District Judge, Presiding
Submitted February 14, 2017**
Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges.
Juan Manuel Escobar appeals from the district court’s judgment and
challenges the 50-month sentence imposed following his guilty-plea conviction for
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
being an illegal alien found in the United States following deportation, in violation
of 8 U.S.C. § 1326.
Escobar contends that the district court procedurally erred by failing to
address his request for a downward departure for cultural assimilation and his other
mitigating arguments. We review for plain error, see United States v. Valencia-
Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and conclude there was none. The
record reflects that the court considered Escobar’s arguments and sufficiently
explained its reasons for concluding that a mid-range sentence was warranted. See
United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc).
Escobar next contends that his sentence is substantively unreasonable in
light of the mitigating factors and the district court’s denial of the cultural
assimilation departure. The district court did not abuse its discretion in imposing
Escobar’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The
within-Guidelines sentence is substantively reasonable in light of the 18 U.S.C.
§ 3553(a) sentencing factors and the totality of the circumstances, including
Escobar’s criminal history and the need for deterrence. See Gall, 552 U.S. at 51.
AFFIRMED.
2 16-50062