USA V. JESUS JIMENEZ-LEON, No. 14-10040 (9th Cir. 2014)

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FILED DEC 12 2014 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 14-10040 D.C. No. 4:13-cr-00465-RCC v. MEMORANDUM* JESUS JIMENEZ-LEON, a.k.a. Jesus Jimenez-Garcia, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Raner C. Collins, Chief Judge, Presiding Submitted December 9, 2014** Before: WALLACE, LEAVY, and BYBEE, Circuit Judges. Jesus Jimenez-Leon appeals from the district court’s judgment and challenges the below-Guidelines sentence of 39 months and three days imposed following his guilty-plea conviction for conspiracy to possess with intent to * 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). distribute marijuana, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C) and 846, possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C), and reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Jimenez-Leon contends that the district court erred by failing to consider and explain why it rejected his arguments for a larger downward variance under 18 U.S.C. § 3553(a). We review for plain error, see United States v. ValenciaBarragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. The record reflects that the district court considered Jimenez-Leon’s mitigating arguments and explained the sentence adequately. See United States v. Carty, 520 F.3d 984, 99293 (9th Cir. 2008) (en banc). AFFIRMED. 2 14-10040

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