NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 19 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-10169
Plaintiff-Appellee, D.C. No. 4:14-cr-00973-CKJ
v.
MEMORANDUM*
ALBERTO GARCIA-JIMENEZ, a.k.a.
Nelih Alexis Miranda,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted April 11, 2017**
Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.
Alberto Garcia-Jimenez appeals from the district court’s judgment and
challenges the 46-month sentence imposed upon remand 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.
*
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).
Garcia-Jimenez contends that the district court procedurally erred by failing
to explain the sentence adequately, and by relying on unsupported facts regarding a
prior conviction. We review for plain error, see United States v. Valencia-
Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and conclude that there is none.
The record reflects that the district court sufficiently explained its determination to
depart upwards under the commentary to U.S.S.G. § 2L1.2 and impose an above-
Guidelines sentence. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008)
(en banc). Moreover, Garcia-Jimenez has not shown that the district court relied
on any clearly erroneous fact. See United States v. Christensen, 732 F.3d 1094,
1103 (9th Cir. 2013).
Garcia-Jimenez also contends that the sentence is substantively
unreasonable. The district court did not abuse its discretion in imposing Garcia-
Jimenez’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The
sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing
factors and the totality of the circumstances, including Garcia-Jimenez’s serious
criminal history. See Gall, 552 U.S. at 51.
AFFIRMED.
2 16-10169