NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 2 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-10474
16-10475
Plaintiff-Appellee,
D.C. Nos. 4:16-cr-00727-RCC
v. 4:14-cr-00194-RCC
JUAN SUAREZ-ROCHA, a.k.a. MEMORANDUM*
Juan Suarez Rocha,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Arizona
Raner C. Collins, Chief Judge, Presiding
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
In these consolidated appeals, Juan Suarez-Rocha appeals the 30-month
sentence imposed following his guilty-plea conviction for reentry of a removed
alien, in violation of 8 U.S.C. § 1326, and the 18-month consecutive sentence
imposed upon revocation of his supervised release.
*
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).
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
For the first time on appeal, Suarez-Rocha contends that the district court
procedurally erred by failing to consider his arguments, and the 18 U.S.C. §
3553(a) factors, and sufficiently explain the sentence. 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 considered
Suarez-Rocha’s arguments, and the section 3553(a) factors, and adequately
explained the within Guidelines sentence. See United States v. Carty, 520 F.3d
984, 992 (9th Cir. 2008) (en banc).
Suarez-Rocha also contends that his sentence is substantively unreasonable.
The district court did not abuse its discretion in imposing Suarez-Rocha’s sentence.
See Gall v. United States, 552 U.S. 38, 51 (2007). The aggregate sentence is
substantively reasonable in light of the applicable section 3553(a) sentencing
factors and the totality of the circumstances, including Suarez-Rocha’s criminal
history, his multiple prior removals, and his failure to be deterred by prior
sentences. See Gall, 552 U.S. at 51.
AFFIRMED.
2 16-10474 & 16-10475