United States v. David Angulo-Viscarra

U.S. Court of Appeals for the Ninth Circuit
United States v. David Angulo-Viscarra, 585 F. App'x 583 (9th Cir. 2014)

United States v. David Angulo-Viscarra

Opinion

MEMORANDUM **

David Angulo-Viscarra appeals from the district court’s judgment and challenges the 40-month sentence imposed following his guilty-plea conviction for attempted exportation of goods from the United States, in violation of 18 U.S.C. § 554(a) and 10 U.S.C. § 2278(b)(2) and (c). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Angulo-Viscarra contends that the district court failed to consider his argument regarding unwarranted sentencing disparities and did not sufficiently explain the reasons for rejecting that argument. Because Angulo-Viscarra did not object on these grounds below, we review for plain error. See United States v. Dallman, 533 F.3d 755, 761 (9th Cir. 2008). Angulo-Vis-carra has not shown plain error affecting his substantial rights. See id.; United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc); see also United States v. Carter, 560 F.3d 1107, 1121 (9th Cir. 2009) (recognizing that co-defendants are not similarly situated and therefore not subjected to unwarranted sentencing disparities where they are convicted of different offenses).

AFFIRMED.

**

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

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. David ANGULO-VISCARRA, A.K.A. David Angulo-Vizcarra, Defendant-Appellant
Status
Unpublished