FILED
NOT FOR PUBLICATION MAR 22 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-50011
Plaintiff - Appellee, D.C. No. 3:10-cr-04069-JAH
v.
MEMORANDUM*
DANIEL DUARTE PLANCARTE, a.k.a.
Daniel Duarte-Plancarte,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
John A. Houston, District Judge, Presiding
Submitted March 12, 2013**
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
Daniel Duarte Plancarte appeals from the district court’s judgment and
challenges the 60-month sentence imposed following his guilty-plea conviction for
being a deported alien found in the United States, in violation of 8 U.S.C. § 1326.
*
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).
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Plancarte contends that the district court procedurally erred by failing to (i)
consider all of the 18 U.S.C. § 3553(a) sentencing factors, (ii) address his
mitigating arguments, and (iii) explain the sentence imposed. He also argues that
the court relied on an improper sentencing factor, namely the length of the sentence
imposed for a prior conviction. 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 properly considered the section 3553(a)
sentencing factors, including the need to deter. Moreover, the court listened to
Plancarte’s policy and mitigating arguments, and adequately explained the
sentence imposed. See United States v. Perez-Perez, 512 F.3d 514, 516-17 (9th
Cir. 2008).
Plancarte also contends that his sentence is substantively unreasonable. The
district court did not abuse its discretion in imposing Plancarte’s sentence. See
Gall v. United States, 552 U.S. 38, 51 (2007). The sentence 17 months below the
advisory Guidelines range is substantively reasonable in light of the section
3553(a) sentencing factors and the totality of the circumstances. See id.
AFFIRMED.
2 12-50011