United States of America v. Pedro Cuevas-Pereda

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
PEDRO CUEVAS-PEREDA,
Defendant - Appellant.
No. 12-50334
D.C. No. 3:12-cr-00425-BEN
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted November 19, 2013**
Before: CANBY, TROTT, and THOMAS, Circuit Judges.
Pedro Cuevas-Pereda appeals from the district court’s judgment and
challenges the 57-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. § 1291, and we affirm.
FILED
NOV 26 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 panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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Cuevas-Pereda contends that the district court procedurally erred by failing
to calculate the Guidelines range and explain sufficiently the sentence. Because
defendant did not object to these alleged procedural errors, we review for plain
error, see United States v. Waknine, 543 F.3d 546, 551 (9th Cir. 2008), and find
none. The record reflects that the district court calculated the Guidelines range in
accordance with the recommendation in the plea agreement, but then varied
upward to impose the 57-month sentence. Further, it adequately explained the
sentence. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc).
Cuevas-Pereda also argues that the district court failed to address his
mitigating arguments at sentencing. The record reflects that the district court
considered and addressed Cuevas-Pereda’s mitigating arguments and concluded
that they did not warrant a lower sentence.
Finally, Cuevas-Pereda contends that his sentence is substantively
unreasonable in light of his impoverished upbringing and the age of his prior
conviction for transporting aliens. The district court did not abuse its discretion in
imposing Cuevas-Pereda’s sentence. See Gall v. United States, 552 U.S. 38, 51
(2007). The sentence is substantively reasonable in light of the 18 U.S.C.
§ 3553(a) sentencing factors and the totality of the circumstances, including
Cuevas-Pereda’s criminal history. See id.
AFFIRMED.
12-50334 2

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