United States v. Jose Miranda-Garcia

MEMORANDUM

Jose Marcos Miranda-Gareia appeals from the district court’s judgment and challenges the 108-month sentence imposed following his guilty-plea conviction for conspiracy and aiding and abetting, in violation of 21 U.S.C. § 846 and 18 U.S.C. § 2 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Miranda-Gareia contends that his sentence is substantively unreasonable because the district court based the sentence on an incorrect determination that he was a leader of the conspiracy. The record belies Miranda-Garcia’s contention that the court made this determination. Moreover, the low-end Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553 (a) sentencing factors and the totality of the circumstances, including the nature of the offense. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.