NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 20 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-10077
Plaintiff - Appellee, D.C. No. 1:12-cr-00220-LJO
v.
MEMORANDUM*
OSWALDO IBARRA-MEZA, a.k.a.
Osvaldo Ibarra-Meza,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O'Neill, District Judge, Presiding
Submitted October 14, 2015**
Before: SILVERMAN, BYBEE, and WATFORD, Circuit Judges.
Oswaldo Ibarra-Meza appeals from the district court’s judgment and
challenges the 121-month sentence imposed following his guilty-plea conviction
for conspiracy to distribute methamphetamine and possession of methamphetamine
*
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).
with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A). We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Ibarra-Meza contends that the district court procedurally erred by failing to
consider and address his request for a downward variance to the 120-month
mandatory minimum sentence. 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 Ibarra-Meza’s argument and
granted a downward variance based on the 18 U.S.C. § 3553(a) factors. Contrary
to Ibarra-Meza’s contention, the court was not required to explicitly address each
of his arguments. See Rita v. United States, 551 U.S. 338, 359 (2007).
AFFIRMED.
2 14-10077