United States of America v. Miguel Martinez-Villareal, a.k.a. Sergio Ponce De Leon, a.k.a. Miguel Angel…

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MIGUEL MARTINEZ-VILLAREAL, a.k.a.
Sergio Ponce De Leon, a.k.a. Miguel Angel
Gonzalez, a.k.a. Miguel Gonzalez-Martinez,
a.k.a. Miguel Gonzalez-Villareal, a.k.a.
Miguel Martinez, a.k.a. Mario Sanchez,
Defendant - Appellant.
Nos. 14-10121
14-10125
D.C. Nos. 2:07-cr-00277-PGR
4:13-cr-00134-PGR
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Paul G. Rosenblatt, District Judge, Presiding
Submitted April 22, 2015**
Before: GOODWIN, BYBEE, and CHRISTEN, Circuit Judges.
In these consolidated appeals, Miguel Martinez-Villareal appeals from the
district court’s judgments and challenges the 79-month sentence imposed following
* 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).
FILED
APR 30 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-10121 & 14-10125
his guilty-plea conviction for reentry of a removed alien, in violation of 8 U.S.C.
§ 1326, and the 16-month consecutive sentence imposed upon revocation of
supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Martinez-Villareal contends that the district court erred by (1) failing to
explain adequately the sentences imposed, (2) failing to address his sentencing
arguments, and (3) presuming that a Guidelines sentence was reasonable. 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 court considered
Martinez-Villareal’s arguments, sufficiently explained the sentences, and properly
treated the Guidelines as advisory in granting Martinez-Villareal’s request for a
downward variance. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008)
(en banc). Moreover, the below-Guidelines sentences are substantively reasonable
in light of the relevant sentencing factors and the totality of the circumstances,
including Martinez-Villareal’s criminal history. See Gall v. United States, 552 U.S.
38, 51 (2007).
AFFIRMED.

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