Ibarra-Servin

United States v. Ibarra-Servin

Good Law
558 F. App'x 749
United States Court of Appeals for the Ninth CircuitFebruary 27, 2014No. 13-10259California345 words

Opinion

Lead Opinion

MEMORANDUM **

Miguel Angel Ibarra-Servin appeals from the district court’s judgment and challenges the 30-month sentence imposed following his guilty-plea conviction for reentry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Ibarra-Servin contends that the district court procedurally erred by failing to explain adequately the sentence and by failing to discuss the 18 U.S.C. § 3553 (a) sentencing factors. We review for plain error, see United States v. Valencia-Bar-ragan, 608 F.3d 1103, 1108 (9th Cir.2010), and find none. The district court adequately explained the sentence, stating that a downward variance was warranted in light of Ibarra-Servin’s medical condition and his efforts to improve his life. See United States v. Carty, 520 F.3d 984, 992 (9th Cir.2008) (en banc). Moreover, the record reflects that the district court considered the section 3553(a) sentencing factors. See id. (“The district court need not tick off each of the § 3553(a) factors to show that it has considered them.”). To the extent that Ibarra-Servin argues that the district court erred in declining to grant a duress departure, we do not…

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