NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 16 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-30116
Plaintiff - Appellee, D.C. No. 2:12-cr-06003-FVS
v.
MEMORANDUM*
JOSE MARCOS MIRANDA-GARCIA,
Defendant - Appellant.
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).
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.
2 14-30116