United States of America v. Miguel Macias, a.k.a. Flaco

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MIGUEL MACIAS, a.k.a. Flaco,
Defendant - Appellant.
No. 15-10168
D.C. No. 3:14-cr-00077-CRB
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Charles R. Breyer, District Judge, Presiding
Submitted April 26, 2016**
Before: McKEOWN, WARDLAW, and PAEZ, Circuit Judges.
Miguel Macias appeals from the district court’s judgment and challenges the
90-month sentence imposed following his guilty-plea conviction for distribution
and possession with intent to distribute 50 grams or more of methamphetamine, in
FILED
APR 29 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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violation of 21 U.S.C. § 841(a)(1), (b)(1)(A); and money laundering, in violation
of 18 U.S.C. § 1956. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Macias contends that the district court procedurally erred by failing to
(1) explain the sentence sufficiently, and (2) respond to his argument that a more
lenient sentence was appropriate in light of his youth, his lack of a criminal history,
his dire economic circumstances, and the disparity between his sentence and those
of his coconspirators. We review for plain error, see United States v. Valencia-
Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. The record shows
that the district court considered Macias’s mitigating arguments and sufficiently
explained the sentence, which was within the parties’ stipulated sentencing range.
See Rita v. United States, 551 U.S. 338, 357-59 (2007).
AFFIRMED.
15-10168 2

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