United States of America v. Mercedes Molano Oliver, a.k.a. Mercedes M. Oliver, a.k.a. Mercedes Sanchez-Molano,…

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MERCEDES MOLANO OLIVER, a.k.a.
Mercedes M. Oliver, a.k.a. Mercedes
Sanchez-Molano, a.k.a. Beatriz Eugenia
Zavala-Gomez,
Defendant - Appellant.
No. 14-10529
D.C. No. 4:13-cr-01643-RM
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Rosemary Marquez, District Judge, Presiding
Submitted November 18, 2015**
Before: TASHIMA, OWENS, and FRIEDLAND, Circuit Judges.
Mercedes Molano Oliver appeals from the district court’s judgment and
challenges the 40-month sentence imposed following her guilty-plea conviction for
attempted reentry after deportation, in violation of 8 U.S.C. § 1326. We have
* 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
NOV 24 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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jurisdiction under 28 U.S.C. § 1291, and we affirm.
Oliver argues that the district court procedurally erred by failing to address
her request for a downward variance. We review for plain error, see United States
v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. The
record reflects that the district court granted a downward variance after considering
Oliver’s arguments and adequately explained the sentence. See United States v.
Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en banc).
AFFIRMED.

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