United States v. Francisco Casteneda

U.S. Court of Appeals for the Ninth Circuit
United States v. Francisco Casteneda, 555 F. App'x 689 (9th Cir. 2014)

United States v. Francisco Casteneda

Opinion

MEMORANDUM **

Francisco Medina Casteneda appeals from the district court’s order denying his 18 U.S.C. § 3582(c)(2) motion for reduction of sentence. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Casteneda’s sentence is within the modified Sentencing Guidelines range. However, he contends that he argued before the district court that the disparity between his sentence and the sentences of his co-conspirators warranted a sentence reduction under 18 U.S.C. § 3553(a)(6) and that the district court erred by failing to address that argument. Because Casteneda did not object below, we review for plain error. See United States v. Dallman, 533 F.3d 755, 761 (9th Cir. 2008). Casteneda has not shown plain error affecting his substantial rights. See id.; see also United States v. Carty, 520 F.3d 984, 992-93, 995-96 (9th Cir. 2008) (en banc). Casteneda’s reliance on United States v. Trujillo, 713 F.3d 1003, 1008-10 n. 5 (9th Cir. 2013), is misplaced because, unlike Casteneda, Trujillo raised extensive non-frivolous arguments tethered to specific § 3553(a) factors and received a sentence above the modified Guidelines range. In addition, Casteneda has not shown a reasonable probability that the sentence would have been different absent the alleged error. See Dallman, 533 F.3d at 761-62.

AFFIRMED.

**

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

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Francisco Medina CASTENEDA, Defendant-Appellant
Status
Unpublished