United States v. Darling Montalvo

MEMORANDUM

Darling Arlette Montalvo appeals from the district court’s judgment and challenges the 24-month sentence imposed following her jury-trial conviction for conspiracy to commit mail fraud, wire fraud, and bank fraud, in violation of 18 U.S.C. § 1349 ; mail fraud, in violation of 18 U.S.C. § 1341 ; and money laundering and aiding and abetting, in violation of 18 U.S.C. §§ 2 and 1957. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Montalvo first contends that the district court procedurally erred by failing to explain its refusal to grant her request for a mitigating role adjustment under U.S.S.G. § 3B1.2. We review for plain error, see United, States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. Although the court did not explain its denial of Montalvo’s request, its reasons are apparent from the record. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc) (explanation may be inferred from the presentence report or the record as a whole). In written sentencing materials that the court reviewed, both the government and probation argued that a minor role adjustment was not warranted because Montalvo provided false…