FILED
NOT FOR PUBLICATION FEB 25 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, Nos. 14-10157
14-10158
Plaintiff - Appellee,
v. D.C. Nos. 4:13-cr-01606-CKJ
4:11-cr-00195-CKJ
MARIO RODRIGUEZ-MALDONADO,
a.k.a. Mario Maldonado Rodriguez, a.k.a.
Pablo Ochoa-Sanchez,
Defendant - Appellant. MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Marvin E. Aspen, District Judge, Presiding**
Submitted February 17, 2015****
Before: O’SCANNLAIN, LEAVY, and FERNANDEZ, Circuit Judges.
*
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).
In these consolidated appeals, Mario Rodriguez-Maldonado appeals from the
district court’s judgments and challenges the 24-month sentence imposed
following his guilty-plea conviction for attempted reentry after deportation, in
violation of 8 U.S.C. § 1326, and the 18-month, partially concurrent sentence
imposed upon revocation of supervised release. We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
Rodriguez-Maldonado contends that the district court procedurally erred by
failing to provide a sufficient explanation for the sentences imposed, including its
reasons for rejecting his arguments in favor of a lower sentence. We review for
plain error, see United States v. Miqbel, 444 F.3d 1173, 1176 (9th Cir. 2006), and
find none. The record demonstrates that the court heard Rodriguez-Maldonado’s
arguments in mitigation, and its explanation of the sentence was adequate. See
United States v. Carty, 520 F.3d 984, 992-93, 995 (9th Cir. 2008) (en banc).
AFFIRMED.
2 14-10157 & 14-10158