USA V. NORMA ELIZALDE-ORTIZ, No. 13-50283 (9th Cir. 2014)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS NOV 26 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 13-50283 D.C. No. 2:13-cr-00166-PA-1 MEMORANDUM* v. NORMA ELIZALDE-ORTIZ, Defendant - Appellant. Appeal from the United States District Court for the Central District of California Percy Anderson, District Judge, Presiding Submitted November 20, 2014** Pasadena, California Before: SCHROEDER and NGUYEN, Circuit Judges, and ZOUHARY,*** District Judge. * 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). *** The Honorable Jack Zouhary, United States District Judge, Northern District of Ohio, sitting by designation. Defendant-Appellant Norma Elizalde-Ortiz (“Elizalde-Ortiz”) appeals the district court’s rejection of her Federal Rule of Criminal Procedure 11(c)(1)(C) sentence bargain. She also appeals her 51-month sentence for illegal reentry in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742, and now affirm. 1. The district court provided specific reasons, rooted in the circumstances of this case, for rejecting the sentence bargain. It therefore did not abuse its discretion. See In re Morgan, 506 F.3d 705, 711–12 (9th Cir. 2007). 2. Reviewing for plain error, the district court sufficiently explained the within-Guidelines sentence it imposed. See United States v. Sandoval-Orellana, 714 F.3d 1174, 1180–81 (9th Cir. 2013). Elizalde-Ortiz’s within-Guidelines-range sentence is not substantively unreasonable. See United States v. Reyes, 764 F.3d 1184, 1199 (9th Cir. 2014) AFFIRMED. 2

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