United States v. Alberto Mendoza-Ortega

MEMORANDUM

Alberto Mendoza-Ortega appeals from the district court’s judgment and challenges the 108-month sentence imposed following his guilty-plea conviction for conspiracy to distribute methamphetamine and heroin, in violation of 21 U.S.C. §§ 841 (a)(1), (b)(1)(C), and 846. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Mendoza-Ortega contends that the district court proeedurally erred and violated his right to due process by considering his nationality as a sentencing factor. At sentencing, the court expressed skepticism about Mendoza-Ortega’s claim that he was unaware of the drug quantities possessed by his cousin, stating “the Hispanies are very close, very suspicious of outsiders.” While this comment was inappropriate, see U.S.S.G § 5H1.10; Offutt v. United States, 348 U.S. 11, 14 , 75 S.Ct. 11 , 99 L.Ed. 11 (1954) (“[Jjustice must satisfy the appearance of justice.”), it was harmless. In calculating the Guidelines range, the court did not hold Mendoza-Ortega responsible for his cousin’s drugs. Rather, the court adopted the Guidelines range requested by Mendoza-Ortega and then varied downward significantly. See United States v. Ali, 620 F.3d 1062, 1074 (9th…