United States of America v. Miriam Aviles-Brito, a.k.a. Mariam Aviles De Reyes, a.k.a. Miriam Aviles de Reyes

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MIRIAM AVILES-BRITO, a.k.a. Mariam
Aviles De Reyes, a.k.a. Miriam Aviles de
Reyes,
Defendant - Appellant.
Nos. 15-10113
15-10129
D.C. Nos. 4:14-cr-01049-JGZ
4:12-cr-01611-JGZ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Jennifer G. Zipps, District Judge, Presiding
Submitted November 18, 2015**
Before: TASHIMA, OWENS, and FRIEDLAND, Circuit Judges.
In these consolidated appeals, Miriam Aviles-Brito appeals the 37-month
sentence imposed following her guilty-plea conviction for reentry of a removed
alien, in violation of 8 U.S.C. § 1326, and the consecutive four-month sentence
* 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).
FILED
NOV 23 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 15-10113 & 15-10129
imposed upon revocation of supervised release. We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
Aviles-Brito contends that the district court procedurally erred by failing to
address her arguments for (1) a downward variance based on the nature and
circumstances of the offense, and (2) a downward departure for cultural
assimilation. 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
district court considered Aviles-Brito’s arguments and granted a two-level
downward variance based on the 18 U.S.C. § 3553(a) factors. Contrary to
Aviles-Brito’s contention, the court was not required to explicitly address each of
her arguments. See Rita v. United States, 551 U.S. 338, 358-59 (2007).
Moreover, the district court did not abuse its discretion in imposing the aggregate
below-Guidelines sentence. See Gall v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.

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