United States of America v. HEBER ANDERSON DE LEON- CABRERA, AKA Heber Anderson Deleon, AKA Anderson Heber…

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
HEBER ANDERSON DE LEON-
CABRERA, AKA Heber Anderson Deleon,
AKA Anderson Heber Deleon-Cabrera,
Defendant-Appellant.
No. 22-10320
D.C. No. 4:22-cr-00037-JGZ-JR-1
MEMORANDUM*
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).
FILED
SEP 19 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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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.

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