United States of America v. Edgar Mazahua-Cortes

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EDGAR MAZAHUA-CORTES,
Defendant - Appellant.
No. 14-10038
D.C. No. 4:13-cr-01022-CKJ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Marvin E. Aspen, District Judge, Presiding**
Submitted March 10, 2015***
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.
Edgar Mazahua-Cortes appeals from the district court’s judgment and
challenges the 41-month sentence imposed following his guilty-plea conviction for
FILED
MAR 17 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The Honorable Marvin E. Aspen, Senior United States District Judge
for the Northern District of Illinois, sitting by designation.
*** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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attempted reentry after deportation, in violation of 8 U.S.C. § 1326. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Mazahua-Cortes contends that the district court procedurally erred by failing
to (i) consider the 18 U.S.C. § 3553(a) sentencing factors, and (ii) explain the
reasons for the sentence and its rejection of his mitigating arguments. 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 district court considered the
section 3553(a) sentencing factors and Mazahua-Cortes’s mitigating arguments,
and adequately explained the sentence. See United States v. Carty, 520 F.3d 984,
992-93 (9th Cir. 2008) (en banc). Moreover, the sentence is substantively
reasonable in light of the statutory sentencing factors and the totality of the
circumstances. See Gall v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.
14-10038 2

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