United States v. Oliver
This text of 623 F. App'x 391 (United States v. Oliver) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
MEMORANDUM
Mercedes Molano Oliver appeals from the district court’s judgment and challenges the 40-month sentence imposed following her guilty-plea conviction for attempted reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Oliver argues that the district court procedurally erred by failing to address her request for a downward variance. 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 granted a downward variance after considering Oliver’s arguments and adequately explained the sentence. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir.2008) (en banc).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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623 F. App'x 391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-oliver-ca9-2015.