United States of America v. Marvin G. Scharff

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARVIN G. SCHARFF,
Defendant - Appellant.
No. 12-10286
D.C. No. 1:94-cr-00059-FMTG
MEMORANDUM*
Appeal from the United States District Court
for the District of Guam
Frances M. Tydingco-Gatewood, Chief Judge, Presiding
Submitted June 10, 2013**
Before: HAWKINS, McKEOWN, and BERZON, Circuit Judges.
Marvin G. Scharff appeals from the district court’s judgment and challenges
the 100-month sentence imposed following his guilty-plea conviction for two
counts of importation of heroin, in violation of 21 U.S.C. § 952. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
JUN 13 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-10286 2
Scharff contends that the district court procedurally erred by failing to
respond to his mitigating arguments and by failing to explain adequately why it
denied his request for a downward variance. 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 Scharff’s mitigating arguments
and adequately explained the sentence in light of the seriousness of the offense and
other 18 U.S.C. § 3553(a) sentencing factors.
AFFIRMED.

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