UNITED STATES of America, Plaintiff-Appellee, v. Jose Marcos MIRANDA-GARCIA, Defendant-Appellant, 597 F. App'x 462

MEMORANDUM Jose Marcos Miranda-Gareia appeals from the district court’s judgment and challenges the 108-month sentence imposed following his guilty-plea conviction for conspiracy and aiding and abetting, in violation of 21 U.S.C. § 846 and 18 U.S.C. § 2. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Miranda-Gareia contends that his sentence is substantively unreasonable because the district court based the sentence on an incorrect determination that he was a leader of the conspiracy. The record belies Miranda-Garcia’s contention that the court made this determination. Moreover, the low-end Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(

a) sentencing factors and the totality of the circumstances, including the nature of the offense. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.