U.S. Court of Appeals for the Ninth Circuit, 2013

United States v. Marvin Scharff

United States v. Marvin Scharff
U.S. Court of Appeals for the Ninth Circuit · Decided June 13, 2013 · Hawkins, McKeown, Berzon
523 F. App'x 464

United States v. Marvin Scharff

Opinion

MEMORANDUM **

Marvin G. Scharff appeals from the district court’s judgment and challenges the 100-month sentence imposed following his guilty-plea conviction for two counts of importation of heroin, in violation of 21 U.S.C. § 952. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Scharff contends that the district court procedurally erred by failing to respond to his mitigating arguments and by failing to explain adequately why it denied his request for a downward variance. 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 Scharffs mitigating arguments and adequately explained the sentence in light of the seriousness of the offense and other 18 U.S.C. § 3553(a) sentencing factors.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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