United States v. James Rivera

MEMORANDUM

James Rivera appeals from the district court’s judgment and challenges the 12-year sentence imposed following his jury-trial conviction for mail fraud, in violation of 18 U.S.C. § 1341 , and wire fraud, in violation of 18 U.S.C. § 1343 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Rivera contends that the district court proeedurally erred by failing to explain the sentence imposed in light of his nonfrivo-lous arguments, and by failing to consider all of the 18 U.S.C. § 3553 (a) sentencing factors, including the need to avoid unwarranted sentencing disparities. 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 explained the sentence sufficiently to permit appellate review; adequately considered Rivera’s arguments, including his policy arguments; adequately considered the 3553(a) sentencing factors; and did not otherwise procedurally err. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir.2008) (en banc).

Rivera next contends that his sentence is substantively unreasonable because it is greater than necessary to satisfy the goals of…