USA V. OSWALDO IBARRA-MEZA, No. 14-10077 (9th Cir. 2015)

Annotate this Case

Download PDF

FILED NOT FOR PUBLICATION OCT 20 2015 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, v. U.S. COURT OF APPEALS No. 14-10077 D.C. No. 1:12-cr-00220-LJO MEMORANDUM* OSWALDO IBARRA-MEZA, a.k.a. Osvaldo Ibarra-Meza, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of California Lawrence J. O'Neill, District Judge, Presiding Submitted October 14, 2015** Before: SILVERMAN, BYBEE, and WATFORD, Circuit Judges. Oswaldo Ibarra-Meza appeals from the district court’s judgment and challenges the 121-month sentence imposed following his guilty-plea conviction for conspiracy to distribute methamphetamine and possession of methamphetamine * 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). with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Ibarra-Meza contends that the district court procedurally erred by failing to consider and address his request for a downward variance to the 120-month mandatory minimum sentence. 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 district court considered Ibarra-Meza’s argument and granted a downward variance based on the 18 U.S.C. § 3553(a) factors. Contrary to Ibarra-Meza’s contention, the court was not required to explicitly address each of his arguments. See Rita v. United States, 551 U.S. 338, 359 (2007). AFFIRMED. 2 14-10077

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.