Case Information
*1 Before: SCHROEDER, SILVERMAN, and MURGUIA, Circuit Judges.
Joaquin Antonio Alvarado appeals from the district court’s judgment and challenges the 37-month sentence imposed following his guilty-plea conviction for reentry of a removed alien, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
*2 Alvarado first contends that the district court procedurally erred by failing to (1) consider the 18 U.S.C. § 3553(a) factors, and (2) explain the sentence adequately, including the court’s reasons for rejecting his request for a downward departure or variance. 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 district court’s explanation for the sentence, though brief, reflects that the court considered the § 3553(a) factors and Alvarado’s arguments, and concluded that a within-Guidelines sentence was justified by Alvara do’s criminal and immigration history. The court was not required to do more. See United States v. Carty , 520 F.3d 984, 992 (9th Cir. 2008) (en banc) (district court is not required to “tick off” the § 3553(a) factors to show that it has considered them and provides an adequate explanation as long as it is sufficient “to permit meani ngful appellate review”) .
Alvarado next contends that the 37-month sentence is substantively unreasonable in light of the district court’s alleged procedural errors and because his particular circumstances justified a downward departure or variance. The court did not abuse its discretion. See Gall v. United States , 552 U.S. 38, 51 (2007). In light of the § 3553(a) sentencing factors and the totality of the circumstances, the sentence is substantively reasonable. See Gall , 552 U.S. at 51.
AFFIRMED.
2 20-10315
[*] 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).