United States v. Joel Mazariegos-Soto

MEMORANDUM

Joel Mazariegos-Soto appeals from the district court’s judgment and challenges the 60-month sentence imposed following his guilty-plea conviction for one count of conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956 (a)(1)(B)(i) and.(h); and one count of conspiracy to transport and harbor illegal aliens, in violation of 8 U.S.C. § 1824 (a)(1)(A)(ii), (iii), and (v)(I). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Mazariegos-Soto contends that the district court improperly restricted his attorney’s argument during sentencing, thereby violating Federal Rule of Criminal Procedure 32, 18 U.S.C. § 3553 (a), and his rights to due process and the assistance of counsel. Reviewing de novo, see United States v. Stoterau, 524 F.3d 988, 1011 (9th Cir.2008), we conclude that the court did not violate Rule 32 or Mazariegos-Soto’s rights because it permitted counsel to argue for a below-Guidelines sentence under the section 3553(a) sentencing factors. See Fed.R.Crim.P. 32(i)(1)(C); United States v. Carty, 520 F.3d 984, 991 (9th Cir.2008) (en banc).

Mazariegos-Soto next argues that the district court erred by applying a nine-level, rather than a…