United States v. Brian Rodriguez
United States v. Brian Rodriguez
Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 18 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 17-50361 Plaintiff-Appellee, D.C. No. 2:17-cr-00219-PA v. MEMORANDUM* BRIAN CECILIO RODRIGUEZ, Defendant-Appellant.
Appeal from the United States District Court for the Central District of California Percy Anderson, District Judge, Presiding Submitted September 12, 2018** Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges.
Brian Cecilio Rodriguez appeals from the district court’s judgment and challenges the 30-month sentence imposed following his guilty-plea conviction for conspiracy, in violation of 18 U.S.C. § 371, and aggravated identity theft, in violation of 18 U.S.C. § 1028A(a)(1). We have jurisdiction under 28 U.S.C.
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
§ 1291, and we affirm.
Rodriguez contends that the district court procedurally erred by failing to explain the sentence, specifically the disparity between Rodriguez’s 30-month sentence and his co-defendant’s 25-month sentence. The district court adequately explained the reasons for Rodriguez’s low-end sentence. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc). The district court was not required to “tick off each of the [18 U.S.C.] § 3553(a) factors to show that it ha[d] considered them.” Id. Nor did Rodriguez raise arguments that would have warranted a more fulsome explanation. See Rita v. United States, 551 U.S. 338, 356-58 (2007).
To the extent Rodriguez argues that his sentence has resulted in an unwarranted disparity with his co-defendant, the record belies this contention.
AFFIRMED.
2 17-50361
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