USA V. SALVADOR GARCIA-REAL, No. 12-10154 (9th Cir. 2013)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAY 21 2013 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff -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. 12-10154 D.C. No. 2:04-cr-00470-GEB v. MEMORANDUM * SALVADOR GARCIA-REAL, a.k.a. Antonio Garcia, a.k.a. Salvador RealGarcia, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of California Garland E. Burrell, Jr., District Judge, Presiding Submitted May 14, 2013 ** Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges. Salvador Garcia-Real appeals from the district court s judgment and challenges the 24-month sentence imposed upon revocation of supervised release. 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). Garcia-Real contends that the district court procedurally erred by failing adequately to explain the sentence and why it denied his requests for a downward variance and a cultural assimilation departure. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. The district court considered Garcia-Real s mitigating arguments and adequately explained the sentence with reference to Garcia-Real s breach of the court s trust and repeated violations of the immigration laws. Garcia-Real also contends that the district court erred by rejecting his request for a cultural assimilation departure on the basis of an improper factor. This court does not review the denial of a departure; rather, our review is limited to determining whether the district court imposed a substantively reasonable sentence. See United States v. Vasquez-Cruz, 692 F.3d 1001, 1008 (9th Cir. 2012). The district court did not abuse its discretion in imposing Garcia-Real s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). In light of the totality of the circumstances and 18 U.S.C. § 3583(e) sentencing factors, the within-Guidelines sentence is substantively reasonable. See id. AFFIRMED.
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