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United States v. Omar Menera-Arzata
668 F. App'x 315
| 9th Cir. | 2016
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Case Information

*1 Before: O’SCANNLAIN, LEAVY, and CLIFTON, Circuit Judges.

Omar Menera-Arzata appeals from the district court’s judgment and challenges the 36-month custodial sentence and 3-year term of supervised release 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 *2 U.S.C. § 1291, and we affirm.

Menera-Arzata contends that the district court procedurally erred by (1) factoring irrelevant asylum issues into its sentencing analysis and (2) relying on clearly erroneous facts, namely that Menera-Arzata’s alcoholism continued to present a threat to the public. 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 considered only appropriate sentencing factors and did not rely on any clearly erroneous facts. See United States v. Carty , 520 F.3d 984, 993 (9th Cir. 2008) (en banc).

Menera-Arzata next contends that his sentence is substantively unreasonable. The above-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Menera-Arzata’s criminal and immigration history. See Gall v. United States , 552 U.S. 38, 51 (2007). Moreover, the district court did not abuse its discretion in imposing the term of supervised release as an added measure of deterrence. 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.

2 15-50283

[*] 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).

Case Details

Case Name: United States v. Omar Menera-Arzata
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Aug 23, 2016
Citation: 668 F. App'x 315
Docket Number: 15-50283
Court Abbreviation: 9th Cir.
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