UNITED STATES v. MAGANA (2020)

MEMORANDUM **

Pablo Magana appeals from the district court's judgment and challenges the 120-month sentence imposed following his guilty-plea conviction for importation of methamphetamine and heroin, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Magana contends that the district court procedurally erred by failing to consider his argument for a lower sentence and by failing to provide an adequate explanation for the sentence imposed. The district court did not plainly err. See United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010). The record reflects that the court considered Magana's arguments and adequately explained its reasons for the below-Guidelines sentence. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc). The court made clear that, in light of Magana's “very aggravated” criminal history, it would not vary downward further. The court was not required to address specifically each of Magana's arguments. See Rita v. United States, 551 U.S. 338, 358-59, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007).

AFFIRMED.