United States v. Jesus Armenta

MEMORANDUM

These consolidated appeals arise from the Government’s investigation of the Mexican Mafia street and prison gang. A jury convicted Frank and Martin Reyes (the “Reyes cousins”) and Juvenal Vega-Soto on one count of conspiracy to distribute 50 grams or more of methamphetamine in violation of 21 U.S.C. §§ 846 and 841(a)(1). Jesus Armenta pled guilty to the same count. On appeal, each challenges his sentence. In addition, the Reyes cousins and Vega-Soto argue that the court erred in granting the June 10, 2005 wiretap application. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I.

Armenta asserts that the district court erred in failing to adequately address his argument that his 210 month sentence resulted in an unwarranted sentencing disparity with his co-defendants. We review Armenta’s sentence first for “significant procedural error” and then for “substantive reasonableness” based on the totality of the circumstances. United States v. Stoterau, 524 F.3d 988, 998-99 (9th Cir.2008). Because the district court committed no procedural error in imposing a reasonable sentence, we affirm.

The district court adequately addressed Armenta’s disparity argument.…