Opinion
No. 14-30116
03-16-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOSE MARCOS MIRANDA-GARCIA, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 2:12-cr-06003-FVS MEMORANDUM Appeal from the United States District Court for the Eastern District of Washington
Fred L. Van Sickle, District Judge, Presiding
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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.
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.