United States of America v. Mario Ramirez-Almaguer

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARIO RAMIREZ-ALMAGUER,
Defendant - Appellant.
No. 11-50474
D.C. No. 3:11-cr-00790-DMS
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Submitted July 17, 2012**
Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.
Mario Ramirez-Almaguer appeals from the 48-month sentence imposed
following his guilty-plea conviction for being a deported alien found in the United
States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C.
FILED
JUL 20 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-50474 2
§ 1291, and we affirm.
Ramirez-Almaguer argues that the district court failed to consider his
arguments in mitigation and to explain its sentence sufficiently. There was no
procedural error in the district court’s consideration of the parties’ arguments and
explanation of its sentence. See United States v. Valencia-Barragan, 608 F.3d
1103, 1108 (9th Cir. 2010).
Ramirez-Almaguer also contends that the district court gave undue weight to
his criminal history in imposing sentence and that the resulting sentence is
substantively unreasonable. The sentence nine months below the low end of the
advisory Sentencing Guidelines range is substantively reasonable in light of the 18
U.S.C. § 3553(a) sentencing factors and the totality of the circumstances. See Gall
v. United States, 552 U.S. 38, 51 (2007); 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.”).
AFFIRMED.

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