UNITED STATES v. AGUILAR (2018)

MEMORANDUM **

Rene Antonio Aguilar appeals from the district court’s judgment and challenges the 48-month sentence imposed following his guilty-plea conviction for being a removed alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Aguilar contends that the district court procedurally erred by failing to address his non-frivolous arguments for a lower sentence. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108, 1108 & n.3 (9th Cir. 2010), and conclude that there is none. The record reflects that the court considered Aguilar’s mitigating arguments and was not persuaded that they warranted a lower sentence. See United States v. Perez-Perez, 512 F.3d 514, 516 (9th Cir. 2008).

Aguilar next contends that the district court erred by failing to explain adequately his above-Guidelines sentence. We conclude that the district court’s explanation was sufficient to allow for meaningful review. See Rita v. United States, 551 U.S. 338, 356-57, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007); United States v. Leonard, 483 F.3d 635, 637 (9th Cir. 2007).

AFFIRMED.