United States of America v. Misael Corona-Romero

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The Honorable Daniel L. Hovland, United States District Judge for
**
the District of North Dakota, sitting by designation.
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NOT FOR PUBLICATION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.
MISAEL CORONA-ROMERO,
Defendant - Appellant.
No. 12-10621
D.C. No. 4:12-cr-00333-RCC
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Daniel L. Hovland, District Judge, Presiding**
Submitted September 24, 2013***
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Misael Corona-Romero appeals from the district court’s judgment and
challenges the 77-month sentence imposed following his guilty-plea conviction for
FILED
SEP 26 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-10621 2
reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
Corona-Romero contends that the district court procedurally erred by failing
to consider all of the 18 U.S.C. § 3553(a) sentencing factors, and by failing to
explain adequately the sentence. We review for plain error, see United States v.
Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. Although
the district court did not explicitly reject the arguments raised by Corona-Romero,
the record reflects that the court considered those arguments along with the section
3553(a) sentencing factors, and adequately explained the sentence imposed. See
United States v. Perez-Perez, 512 F.3d 514, 516-17 (9th Cir. 2008).
Corona-Romero also contends that his sentence is substantively
unreasonable. The district court did not abuse its discretion in imposing Corona-
Romero’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The 77-
month sentence at the bottom of the Guidelines is substantively reasonable in light
of the section 3553(a) sentencing factors and the totality of the circumstances,
including Corona-Romero’s criminal history. See id.
AFFIRMED.

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