USA V. JUAN MOLINA-CRUZ, No. 11-50546 (9th Cir. 2013)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS NOV 26 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 11-50546 D.C. No. 3:10-cr-04288-WQH v. MEMORANDUM* JUAN MOLINA-CRUZ, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding Submitted November 19, 2013** Before: CANBY, TROTT, and THOMAS, Circuit Judges. Juan Molina-Cruz appeals from the district court s judgment and challenges the 48-month sentence imposed following his jury-trial conviction for being a deported alien found in the United States, 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 panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Molina-Cruz contends that the district court procedurally erred by (i) relying on an improper sentencing factor and failing to consider all of the 18 U.S.C. § 3553(a) sentencing factors, (ii) failing to consider his mitigating arguments, and (iii) failing to explain the need for the sentence imposed. 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 properly considered the section 3553(a) sentencing factors and Molina-Cruz s mitigating arguments, did not consider any improper sentencing factors, and adequately explained the sentence imposed. See United States v. Perez-Perez, 512 F.3d 514, 516-17 (9th Cir. 2008). Molina-Cruz also contends that the district court erred by not awarding him a two-level reduction for acceptance of responsibility under U.S.S.G. § 3E1.1(a). The district court did not clearly err in determining that Molina-Cruz did not qualify for this reduction. See U.S.S.G. § 3E1.1 cmt. n.2; United States v. Martinez-Martinez, 369 F.3d 1076, 1088-90 (9th Cir. 2004). Molina-Cruz further contends that the procedural errors rendered his sentence substantively unreasonable. The district court did not abuse its discretion in imposing Molina-Cruz s sentence. See Gall v. United States, 552 U.S. 38, 51 2 11-50546 (2007). The below-Guidelines sentence is substantively reasonable in light of the section 3553(a) sentencing factors and the totality of the circumstances. See id. AFFIRMED. 3 11-50546
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