United States v. Oliver

U.S. Court of Appeals for the Ninth Circuit
United States v. Oliver, 623 F. App'x 391 (9th Cir. 2015)

United States v. Oliver

Opinion of the Court

MEMORANDUM **

Mercedes Molano Oliver appeals from the district court’s judgment and challenges the 40-month sentence imposed following her guilty-plea conviction for attempted reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Oliver argues that the district court procedurally erred by failing to address her 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 granted a downward variance after considering Oliver’s arguments and adequately explained the sentence. 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 v. Mercedes Molano OLIVER, a.k.a. Mercedes M. Oliver, a.k.a. Mercedes Sanchez-Molano, a.k.a. Beatriz Eugenia Zavala-Gomez
Status
Published