United States v. Yi Xu Chen

MEMORANDUM ** Yi Xu Chen appeals from the 36-month sentence imposed following his guilty-plea conviction for alien smuggling, in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Chen contends that the district court erred by permitting the Government to move for a substantial assistance departure as to only Count 4. We conclude that the district court did not plainly err. See 18 U.S.C. § 3553 (e); cf. Wade v. United States, 504 U.S. 181, 185-87 , 112 S.Ct. 1840 , 118 L.Ed.2d 524 (1992). Chen also contends that the district court erred at sentencing by failing to consider the Sentencing Guidelines and the other factors contained in 18 U.S.C. § 3553 (a). Because Chen did not object at sentencing, plain error review applies. See United States v. Olano, 507 U.S. 725, 732 , 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993); United States v. Dallman, 533 F.3d 755, 761-62 (9th Cir.2008). We conclude that no relief is warranted because Chen has not shown that any error affected his substantial rights. See Dallman, 533 F.3d at 761-62 . AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.