United States of America v. Alberto Mojica-Gomez, a.k.a. Alberto Gomez Mojica

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ALBERTO MOJICA-GOMEZ, a.k.a.
Alberto Gomez Mojica,
Defendant - Appellant.
No. 15-10207
D.C. No. 4:14-cr-01334-CKJ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted March 15, 2016**
Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
Alberto Mojica-Gomez appeals from the district court’s judgment and
challenges the 30-month sentence imposed following his guilty-plea conviction for
reentry of a removed alien, in violation of 8 U.S.C. § 1326. We have jurisdiction
* 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
MAR 21 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 15-10207
under 28 U.S.C. § 1291, and we affirm.
Mojica-Gomez contends that the district court procedurally erred by failing
to consider and discuss his sentencing arguments. 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 Mojica-Gomez’s
arguments and sufficiently explained its reasons for granting an 11-month
downward variance. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008)
(en banc). Moreover, the below-Guidelines sentence is substantively reasonable
in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the
circumstances, including Mojica-Gomez’s criminal history. See Gall v. United
States, 552 U.S. 38, 51 (2007).
AFFIRMED.

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