United States v. Jesus Jimenez-Leon
Opinion
MEMORANDUM **
Jesus Jimenez-Leon appeals from the district court’s judgment and challenges the below-Guidelines sentence of 39 months and three days imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C) and 846, possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C), and reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Jimenez-Leon contends that the district court erred by failing to consider and explain why it rejected his arguments for a larger downward variance under 18 U.S.C. § 3553(a). 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 Jimenez-Leon’s mitigating arguments and explained the sentence adequately. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en banc).
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. Jesus JIMENEZ-LEON, A.K.A. Jesus Jimenez-Garcia, Defendant-Appellant
- Status
- Unpublished