UNITED STATES of America, Plaintiff-Appellee, v. Martin MARTINEZ-ALAVAREZ, Defendant-Appellant, 402 F. App'x 166

MEMORANDUM Martin Martinez-Alavarez appeals from the 60-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Martinez-Alavarez contends that the district court procedurally erred by failing to adequately explain the reasons for the sentence and by failing to address Martinez-Alavarez’s request for a downward departure. He also contends that his sentence is substantively unreasonable.

The district court did not procedurally err, and the below-Guidelines range sentence is substantively reasonable. See United States v. Carter, 560 F.3d 1107, 1117-19 (9th Cir.2009); United States v. Carty, 520 F.3d 984, 992-95 (9th Cir.2008) (en banc). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.