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United States v. Oscar Barreras-Felix
20-10369
| 9th Cir. | Oct 19, 2021
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Case Information

*1 Before: TALLMAN, RAWLINSON, and BUMATAY, Circuit Judges.

Oscar Barreras-Felix appeals from the district court’s judgment and challenges the 54-month term of confinement and a standard condition of supervised release imposed following his guilty-plea conviction to drug offenses involving methamphetamine. We have jurisdiction under 28 U.S.C. § 1291, and *2 we affirm.

Barreras-Felix contends that the district court procedurally erred by failing to address his arguments for a below-Guidelines sentence. 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 record reflects that the district court considered Barrera- Felix’s arguments and fully explained its reasons for imposing a sentence below the applicable Guidelines range. United States v. Perez- Perez , 512 F.3d 514, 516-17 (9th Cir. 2008) (district court need not specifically address each of the defendant’s arguments to show that it has considered them).

Barreras-Felix also argues that the district court imposed a substantively unreasonable sentence by giving excessive weight to aggravating sentencing factors and insufficient weight to his mitigating circumstances. The district court did not abuse its discretion. See Gall v. United States , 552 U.S. 38, 51 (2007). The below-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances. See Gall , 552 U.S. at 51; United States v. Gutierrez-Sanchez , 587 F.3d 904, 908 (9th Cir. 2009) (“ The weight to be given the various factors in a particular case is for the discretion of the district court. ”).

Finally, as Barreras-Felix concedes, his challenge to Standard Condition 12 of his term of supervised release is foreclosed by our recent decision in United *3 States v. Gibson , 998 F.3d 415, 422-23 (9th Cir. 2021).

AFFIRMED.

[*] 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. Fed. R. App. P. 34(a)(2).

Case Details

Case Name: United States v. Oscar Barreras-Felix
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Oct 19, 2021
Docket Number: 20-10369
Court Abbreviation: 9th Cir.
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