USA V. JOSE MIRANDA-GARCIA, No. 14-30116 (9th Cir. 2015)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED MAR 16 2015 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, v. U.S. COURT OF APPEALS No. 14-30116 D.C. No. 2:12-cr-06003-FVS MEMORANDUM* JOSE MARCOS MIRANDA-GARCIA, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Washington Fred L. Van Sickle, District Judge, Presiding Submitted March 10, 2015** Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges. Jose Marcos Miranda-Garcia appeals from the district court’s judgment and challenges the 108-month sentence imposed following his guilty-plea conviction for conspiracy and aiding and abetting, in violation of 21 U.S.C. § 846 and 18 U.S.C. § 2. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. * 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). Miranda-Garcia contends that his sentence is substantively unreasonable because the district court based the sentence on an incorrect determination that he was a leader of the conspiracy. The record belies Miranda-Garcia’s contention that the court made this determination. Moreover, the low-end Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including the nature of the offense. See Gall v. United States, 552 U.S. 38, 51 (2007). AFFIRMED. 2 14-30116

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