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UNITED STATES of America, Plaintiff-Appellee, v. Lucio MORA-TARULA, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2011-02-23No. No. 10-50108
415 F. App'x 813

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Opinion

majority opinion

MEMORANDUM

Lucio Mora-Tarula appeals from the 72-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. § 1826. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Mora-Tarula argues that the district court procedurally erred in failing to explain the sentence adequately and failing to consider the § 3553(a) factors.

We review for plain error, see United States v. Dallman, 533 F.3d 755, 761 (9th Cir.2008), and affirm because Mora-Tarula has not established plain error by the district court, much less that his substantial rights may have been affected, see id. at 761-62.

Mora-Tarula also contends that his sentence is substantively unreasonable. In light of the totality of the circumstances and the factors set forth in 18 U.S.C. § 3553(a), the below-Guidelines sentence is not substantively unreasonable. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); United States v. Valencia-Barragan, 608 F.3d 1103, 1108-09 (9th Cir.2010).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.