United States of America v. Arrez Meliton-Salto

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ARREZ MELITON-SALTO,
Defendant-Appellant.
No. 18-50038
D.C. No. 3:17-cr-00523-BEN
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted September 12, 2018**
Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges.
Arrez Meliton-Salto appeals from the district court’s judgment and
challenges the sentence imposed following his bench-trial conviction for being a
removed alien found in the United States, in violation of 8 U.S.C. § 1326. We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
* 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).
FILED
SEP 20 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 18-50038
Meliton-Salto challenges the three-year term of supervised release imposed
by the district court. He contends that the court procedurally erred by failing to
consider U.S.S.G. § 5D1.1(c), calculate the Guidelines range for supervised
release, and adequately explain the sentence. Because Meliton-Salto did not raise
these objections in the district court, we review for plain error. See United States
v. Dallman, 533 F.3d 755, 761 (9th Cir. 2008).
There was no plain error. The district court explained that it believed that a
term of supervised release was necessary in light of its concerns about deterrence
and protection of the public. The court followed the applicable Guideline, see
U.S.S.G. § 5D1.1 cmt. n.5, and adequately explained the sentence. See United
States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc). Moreover, Meliton-
Salto has not shown a reasonable probability that he would have received a
different sentence had the court explicitly calculated the Guidelines range for
supervised release. See Dallman, 533 F.3d at 762.
AFFIRMED.

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