United States of America v. Baldomero Valdez-Casteneda

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
BALDOMERO VALDEZ-CASTENEDA,
Defendant - Appellant.
No. 13-10029
D.C. No. 2:12-cr-01808-GMS
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Ancer L. Haggerty, District Judge, Presiding**
Submitted November 19, 2013***
Before: CANBY, TROTT, and THOMAS, Circuit Judges.
Baldomero Valdez-Casteneda appeals from the district court’s judgment and
challenges the 41-month sentence imposed following his guilty-plea conviction for
FILED
NOV 25 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The Honorable Ancer L. Haggerty, Senior United States District
Judge for the District of Oregon, sitting by designation.
*** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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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.
Prior to filing an answering brief, the government filed a motion for limited
remand. Because the government does not allege that the district court committed
any error, we deny the government’s motion.
Valdez-Casteneda asserts various claims of procedural error. 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 court did not treat the Guidelines
as mandatory, adequately considered the section 3553(a) sentencing factors and
Valdez-Casteneda’s variance arguments, and sufficiently explained the sentence to
permit appellate review. See United States v. Carty, 520 F.3d 984, 992-93, 995
(9th Cir. 2008) (en banc).
AFFIRMED.
13-10029 2

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