USA V. JUAN TORRES-VERDUZCO, No. 11-10496 (9th Cir. 2013)
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FILED NOT FOR PUBLICATION OCT 22 2013 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 11-10496 D.C. No. 4:10-cr-03724-RCC v. JUAN GABRIEL TORRES-VERDUZCO, MEMORANDUM * Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Ancer L. Haggerty, District Judge, Presiding ** Submitted October 15, 2013 *** Before: FISHER, GOULD, and BYBEE, Circuit Judges. Juan Gabriel Torres-Verduzco appeals from the district court s judgment and challenges the 64-month sentence imposed following his guilty-plea conviction for reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Ancer L. Haggerty, Senior United States District Judge for the District of Oregon, sitting by designation. *** The panel unanimously concludes this case is suitable for decision without oral argument; therefore, Torres-Verduzco s request for oral argument is denied. See Fed. R. App. P. 34(a)(2). Torres-Verduzco contends that the district court failed to consider the 18 U.S.C. § 3553(a) factors other than the Guidelines and failed to explain the reasons for the sentence imposed. We review for plain error. See United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010). We need not decide whether the district court erred because Torres-Verduzco has not demonstrated a reasonable likelihood that his sentence, which was thirteen months below the advisory Guidelines range calculated prior to the court s departure, would have been different absent the alleged errors. See United States v. Waknine, 543 F.3d 546, 553 (9th Cir. 2008). Torres-Verduzco also contends that his sentence is substantively unreasonable. We generally do not consider arguments raised for the first time in a reply brief, see United States v. Mejia-Pimental, 477 F.3d 1100, 1105 n.9 (9th Cir. 2007), but the record makes clear, in any event, that the 64-month sentence is substantively reasonable in light of the section 3553(a) factors and the totality of the circumstances, including Torres-Verduzco s criminal and immigration history. See Gall v. United States, 552 U.S. 38, 51 (2007). Torres-Verduzco also argues that he received ineffective assistance of counsel at sentencing. We decline to reach this claim on direct appeal. See United States v. Rahman, 642 F.3d 1257, 1259-60 (9th Cir. 2011). AFFIRMED. 2 11-10496
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