United States v. Oswaldo Ibarra-Meza

U.S. Court of Appeals for the Ninth Circuit
United States v. Oswaldo Ibarra-Meza, 620 F. App'x 600 (9th Cir. 2015)

United States v. Oswaldo Ibarra-Meza

Opinion

MEMORANDUM **

Oswaldo Ibarra-Meza appeals from the district court’s judgment and challenges the 121-month sentence imposed following his guilty-plea conviction for conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Ibarra-Meza contends that the district court procedurally erred by failing to consider and address his request for a downward variance to the 120-month mandatory minimum sentence. 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 Ibarra-Meza’s argument and granted a downward variance based on the 18 U.S.C. § 3553(a) factors. Contrary to Ibarra-Meza’s contention, the court was not required to explicitly address each of his arguments. See Rita v. United States, 551 U.S. 338, 359, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007).

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. Oswaldo IBARRA-MEZA, A.K.A. Osvaldo Ibarra-Meza, Defendant-Appellant
Status
Unpublished