United States v. Marco Sanchez-Martinez

MEMORANDUM

Marco Antonio Sanehez-Martinez appeals from the district court’s rejection of his plea agreement with the United States as well as the sentence imposed by the court. For the reasons that follow, we affirm.

Sanchez-Martinez’s primary objection is to the district court’s use of a spreadsheet of the sentences it had imposed in past cases, which it did not provide to counsel. Sanehez-Martinez claims that the use of this spreadsheet in rejecting his plea agreement violated Federal Rule of Criminal Procedure 11(c), that its use in his sentencing violated Federal Rule of Criminal Procedure 32 and was procedurally unreasonable, and that its use in both instances violated due process. Since Sanehez-Martinez never objected to the court’s use of the spreadsheet (if anything, his counsel assented to its use) and never asked to be provided the spreadsheet, we review his appeal for plain error. See United States v. Vonn, 535 U.S. 55, 62-63 , 122 S.Ct. 1043, 1048 , 152 L.Ed.2d 90 (2002); United States v. Diaz-Ramirez, 646 F.3d 653, 656 (9th Cir.2011) cert. denied, — U.S. —, 133 S.Ct. 101 , 184 L.Ed.2d 47 (2012). Sanchez-Martinez also challenges the substantive reasonableness of his…