United States v. Fernando Murguia-Ochoa

MEMORANDUM

Fernando Murguia-Ochoa appeals from the district court’s judgment and challenges the 292-month sentence imposed following his guilty-plea conviction for possession with intent to distribute at least 50 grams of methamphetamine, in violation of 21 U.S.C. § 841 (a)(1), and conspiracy to possess with intent to distribute at least 50 grams of methamphetamine, in violation of 21 U.S.C. § 846 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Murguia-Ochoa contends that the district court procedurally erred at sentencing by failing to exercise its discretion and instead implementing a categorical rule precluding consideration of post-sentencing rehabilitation in any sentencing decision. Because Murguia-Ochoa did not object on these grounds in the district court, we review for plain error. See United States v. Dallman, 583 F.3d 755, 761-62 (9th Cir.2008). It was not plain error affecting substantial rights for the district court to conclude that defendants like Murguia-Ochoa do not show rehabilitation by refraining from criminal activity while their imprisonment prevents them from committing the types of crimes they have committed in the past. See Gall v. United…