United States of America v. Jesus Jimenez-Leon, a.k.a. Jesus Jimenez-Garcia

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JESUS JIMENEZ-LEON, a.k.a. Jesus
Jimenez-Garcia,
Defendant - Appellant.
No. 14-10040
D.C. No. 4:13-cr-00465-RCC
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Raner C. Collins, Chief Judge, Presiding
Submitted December 9, 2014**
Before: WALLACE, LEAVY, and BYBEE, Circuit Judges.
Jesus Jimenez-Leon appeals from the district court’s judgment and
challenges the below-Guidelines sentence of 39 months and three days imposed
following his guilty-plea conviction for conspiracy to possess with intent to
FILED
DEC 12 2014
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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distribute marijuana, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C) and 846,
possession with intent to distribute marijuana, in violation of 21 U.S.C.
§ 841(a)(1), (b)(1)(C), and reentry after deportation, in violation of 8 U.S.C.
§ 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Jimenez-Leon contends that the district court erred by failing to consider and
explain why it rejected his arguments for a larger downward variance under 18
U.S.C. § 3553(a). 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 considered Jimenez-Leon’s mitigating arguments and
explained the sentence adequately. See United States v. Carty, 520 F.3d 984, 992-
93 (9th Cir. 2008) (en banc).
AFFIRMED.
14-10040 2

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