United States of America v. Noe Martin Vazquez-Daza, a.k.a. Noe Vasquez Daza, a.k.a. Noe M Vazquez-Daza

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
NOE MARTIN VAZQUEZ-DAZA, a.k.a.
Noe Vasquez Daza, a.k.a. Noe M
Vazquez-Daza,
Defendant - Appellant.
No. 14-10045
D.C. No. 4:13-cr-01067-CKJ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Marvin E. Aspen, District Judge, Presiding**
Submitted January 21, 2015***
Before: CANBY, GOULD, and N.R. SMITH, Circuit Judges.
Noe Martin Vazquez-Daza appeals from the district court’s judgment and
challenges the 24-month sentence imposed following his guilty-plea conviction for
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The Honorable Marvin E. Aspen, Senior United States District Judge
for the Northern District of Illinois, sitting by designation.
*** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JAN 27 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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reentry after deportation, in violation of 18 U.S.C. § 1326. We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
Vazquez-Daza contends that the district court erred by failing to consider his
request for a downward variance under 18 U.S.C. § 3553(a)(6). We review for
plain error, see United States v. Rangel, 697 F.3d 795, 805 (9th Cir. 2012), and find
none. The record reflects that the court considered the need to avoid unwarranted
sentence disparities and sufficiently explained the sentence. See United States v.
Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc).
AFFIRMED.

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