UNITED STATES v. ISLAS HERNANDEZ (2018)

MEMORANDUM **

In these consolidated appeals, Hugo Islas-Hernandez appeals his jury-trial conviction for unlawful entry by an alien in violation of 8 U.S.C. § 1325, the one-year term of supervised release imposed following his conviction, the revocation of his supervised release, and the ten-month term of supervised release imposed following the revocation. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

As Islas-Hernandez acknowledges, his challenge to his conviction and supervised release revocation based on the contention that there was insufficient evidence that he entered the United States at a “place other than as designated by immigration officers,” 8 U.S.C.§ 1325(a)(1), is foreclosed by this court’s decision in United States v. Aldana, 878 F.3d 877 (9th Cir. 2017).

Islas-Hernandez also contends that the district court plainly erred by imposing supervised release terms because U.S.S.G. § 5D1.1 recommends supervision only when it is an additional deterrent beyond the threat of a new prosecution. We disagree. The record reflects that the court understood the Guideline and acted consistently with it when, after noting Islas-Hernandez’s immigration history, it imposed supervised release terms as an additional deterrent. See U.S.S.G. § 5D1.1 cmt. n.5; United States v. Valdavinos-Torres, 704 F.3d 679, 692-93 (9th Cir. 2012).

AFFIRMED.