United States v. Jorge Betancourt Mendoza

MEMORANDUM

Jorge Armando Betancourt Mendoza appeals from the 80-month sentence imposed upon remand for resentencing following his guilty-plea conviction for conspiracy and aiding and abetting, in violation of 21 U.S.C. § 846 ; and possession of a controlled substance with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Betancourt Mendoza first contends that the district court erred procedurally by (i) failing to explain why a downward variance, which had been applied at his original sentencing hearing, was not appropriate on remand; and (ii) treating the Guidelines range as presumptively reasonable. 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 court adequately explained the sentence and did not impermissibly presume that the Guidelines range was reasonable, but, instead, imposed sentence after considering all of the 18 U.S.C. § 3553 (a) sentencing factors. See United States v. Carty, 520 F.3d 984, 991-92 (9th Cir.2008) (en banc).

' Betancourt Mendoza next contends that his sentence is substantively…