United States of America v. Jesus Efrain Armenta- Moroyoqui, a.k.a. Jesus Efrain- Armenia, a.k.a. Guerro

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JESUS EFRAIN ARMENTA-
MOROYOQUI, a.k.a. Jesus Efrain-
Armenia, a.k.a. Guerro,
Defendant - Appellant.
No. 11-50074
D.C. No. 2:10-cr-00286-RGK
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
R. Gary Klausner, District Judge, Presiding
Submitted May 15, 2012**
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Jesus Efrain Armenta-Moroyoqui appeals from the 70-month sentence
imposed following his guilty-plea conviction for two drug offenses involving
FILED
MAY 18 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-50074 2
marijuana. We have jurisdiction under 28 U.S.C. § 1291, and we affirm, but
remand to correct the judgment.
Armenta-Moroyoqui contends that the district court procedurally erred by
failing to consider the reason for an alleged sentencing disparity with a co-
defendant, by failing to appreciate fully its discretion to vary below the Guidelines
range based on a policy disagreement, and by failing adequately to explain its
exercise of that discretion. The district court did not procedurally err. The record
reflects that the district court considered the need to avoid unwarranted sentencing
disparities, as well as Armenta-Moroyoqui’s arguments in mitigation, and
adequately explained its decision not to grant a variance below the Guidelines
range. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en banc).
We remand the case to the district court with instructions that it amend the
judgment to reflect that the second charge to which Armenta-Moroyoqui pled
guilty is possession with intent to distribute at least 1,000 kilograms of marijuana.
AFFIRMED; REMANDED to correct the judgment.

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