United States v. Arciniega-Garcia

MEMORANDUM ** Ramon Arciniega-Garcia appeals from his 46-month sentence imposed following his guilty plea conviction for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Arciniega-Garcia contends that the district court’s sentence is unreasonable in light of the 18 U.S.C. § 3553 (a) factors and also contends that the district court treated the Sentencing Guidelines as mandatory when it failed to conduct a proper 18 U.S.C. § 3553 (a) analysis. We disagree. See United States v. Plouffe, 445 F.3d 1126, 1131 (9th Cir.), cert. denied, 547 U.S. 1158 , 126 S.Ct. 2314 , 164 L.Ed.2d 832 (2006). Arciniega-Garcia contends that the disparity between his sentence and the sentences imposed on similarly-situated defendants who are prosecuted in districts with fast-track programs is unwarranted and renders his sentence unreasonable. This contention is foreclosed by United States v. Marcial-Santiago, 447 F.3d 715, 717-19 (9th Cir.2006). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.