United States of America v. Edwin Valladares-Fernandez, a.k.a. Eduin Fernandez, a.k.a. Eduyn Modesto…

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EDWIN VALLADARES-FERNANDEZ,
a.k.a. Eduin Fernandez, a.k.a. Eduyn
Modesto Valladares-Fernandez,
Defendant - Appellant.
No. 14-10538
D.C. No. 2:13-cr-00424-LDG
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Lloyd D. George, District Judge, Presiding
Submitted November 18, 2015**
Before: TASHIMA, OWENS, and FRIEDLAND, Circuit Judges.
Edwin Valladares-Fernandez appeals from the district court’s judgment and
challenges the 57-month custodial sentence and the three-year term of supervised
release imposed following his guilty-plea conviction for being a deported alien
* 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 24 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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found unlawfully in the United States, in violation of 8 U.S.C. § 1326. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Valladares-Fernandez argues that the district court procedurally erred by
failing to address his cultural assimilation argument. 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 Valladares-
Fernandez’s mitigating arguments and adequately explained the sentence. See
United States v. Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en banc).
Valladares-Fernandez also contends that his custodial sentence and
supervised release term are substantively unreasonable in light of his cultural
assimilation and status as a deportable alien. The district court did not abuse its
discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The within-
Guidelines sentence and three-year supervised release term are substantively
reasonable in light of the totality of the circumstances, including Valladares-
Fernandez’s criminal history and his recent arrests. See id.; see also U.S.S.G. §
5D1.1 cmt. n.5 (supervised release for a deportable alien is appropriate if it would
provide an added measure of deterrence and protection).
AFFIRMED.

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