United States of America v. Sergio Mendez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SERGIO MENDEZ,
Defendant - Appellant.
No. 13-10443
D.C. No. 2:11-cr-00356-KJM
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Kimberly J. Mueller, District Judge, Presiding
Submitted February 24, 2016**
Before: LEAVY, FERNANDEZ, RAWLINSON, Circuit Judges.
Sergio Mendez appeals from the district court’s judgment and challenges the
262-month sentence imposed following his guilty-plea conviction for conspiracy to
distribute and distribution of methamphetamine in violation of 21 U.S.C.
FILED
FEB 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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§§ 841(a)(1) and 846. We have jurisdiction under 28 U.S.C. § 1291, and we
affirm.
Mendez argues that the district court procedurally erred by misunderstanding
its sentencing discretion and presuming a Guideline sentence was reasonable. We
review for plain error, see United States v. Dallman, 533 F.3d 755, 761 (9th Cir.
2008), and find none. Even if the district court’s ambiguous statement at the
sentencing hearing regarding the other branches of government constitutes error,
Mendez has not shown that the error affected his substantial rights. See id. In light
of the district court’s discussion of the aggravating and mitigating factors in
Mendez’s case, he has not shown a reasonable probability that he would have
received a different sentence absent the alleged error. See id. at 762.
AFFIRMED.
13-10443 2

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