United States v. Norma Elizalde-Ortiz

585 F. App'x 715

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 26, 2014
• Docket: 13-50283
• Status: Unpublished

Opinion

MEMORANDUM ***

Defendant-Appellant Norma Elizalde-Ortiz (“Elizalde-Ortiz”) appeals the district court’s rejection of her Federal Rule of Criminal Procedure 11(c)(1)(C) sentence bargain. She also appeals her 51-month sentence for illegal reentry in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742, and now affirm.

1. The district court provided specific reasons, rooted in the circumstances of this case, for rejecting the sentence bargain. It therefore did not abuse its discretion. See In re Morgan, 506 F.3d 705, 711-12 (9th Cir.2007).

2. Reviewing for plain error, the district court sufficiently explained the within-Guidelines sentence it imposed. See United States v. Sandoval-Orellana, 714 F.3d 1174, 1180-81 (9th Cir.2013). Elizalde-Ortiz’s within-Guidelines-range sentence is not substantively unreasonable. See United States v. Reyes, 764 F.3d 1184, 1199 (9th Cir.2014)

AFFIRMED.

*** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.