United States of America v. Jose Marcos Miranda-Garcia

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSE MARCOS MIRANDA-GARCIA,
Defendant - Appellant.
No. 14-30116
D.C. No. 2:12-cr-06003-FVS
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Fred L. Van Sickle, District Judge, Presiding
Submitted March 10, 2015**
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.
Jose Marcos Miranda-Garcia appeals from the district court’s judgment and
challenges the 108-month sentence imposed following his guilty-plea conviction for
conspiracy and aiding and abetting, in violation of 21 U.S.C. § 846 and 18 U.S.C.
§ 2. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
* 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).
FILED
MAR 16 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-30116
Miranda-Garcia contends that his sentence is substantively unreasonable
because the district court based the sentence on an incorrect determination that he
was a leader of the conspiracy. The record belies Miranda-Garcia’s contention that
the court made this determination. Moreover, the low-end Guidelines sentence is
substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and
the totality of the circumstances, including the nature of the offense. See Gall v.
United States, 552 U.S. 38, 51 (2007).
AFFIRMED.

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