United States v. Heber De Leon-Cabrera

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 19 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 22-10320 Plaintiff-Appellee, D.C. No. 4:22-cr-00037-JGZ-JR-1 v. MEMORANDUM* HEBER ANDERSON DE LEON- CABRERA, AKA Heber Anderson Deleon, AKA Anderson Heber Deleon-Cabrera, Defendant-Appellant. Appeal from the United States District Court for the District of Arizona Jennifer G. Zipps, District Judge, Presiding Submitted September 12, 2023** Before: CANBY, CALLAHAN, and OWENS, Circuit Judges. Heber Anderson de Leon-Cabrera appeals from the district court’s judgment and challenges the 40-month term of imprisonment and 3-year term of supervised release imposed following his guilty-plea conviction for reentry of a removed * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). alien, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. De Leon-Cabrera contends that the district court procedurally erred by failing to consider or address his argument that incremental sentencing does not reduce recidivism. We review for plain error, see United States v. Valencia- Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and conclude that there is none. The record reflects that the district court listened to de Leon-Cabrera’s argument but was unpersuaded by it. The court explained that the within-Guidelines terms of imprisonment and supervised release were warranted in light of de Leon- Cabrera’s significant immigration history and his remaining ties to the United States. This was sufficient. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc); United States v. Valdavinos-Torres, 704 F.3d 679, 693 (9th Cir. 2012). AFFIRMED. 2 22-10320