FILED
NOT FOR PUBLICATION SEP 20 2012
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-30275
Plaintiff - Appellee, D.C. No. 3:10-cr-00336-RE
v.
MEMORANDUM *
SALVADOR RANGEL-CRUZ,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Oregon
Robert E. Jones, District Judge, Presiding
Submitted September 10, 2012 **
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Salvador Rangel-Cruz appeals from the 108-month sentence imposed
following his guilty-plea conviction for possession with intent to distribute
methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)(viii). 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).
Rangel-Cruz contends that the district court erred procedurally by declining
to consider the disparity between his advisory Sentencing Guidelines range and the
state court sentences received by his co-conspirators. The record belies the
contention that the court did not consider the disparity. That the court chose not to
give weight to the disparity was not an abuse of discretion. See United States v.
Ringgold, 571 F.3d 948, 951 (9th Cir. 2009) (18 U.S.C. § 3553(a)(6) “does not
require district courts to consider sentence disparities between defendants found
guilty of similar conduct in state and federal courts”).
AFFIRMED.
2 11-30275