LAW.coLAW.co

UNITED STATES of America, Plaintiff-Appellee, v. Jeffery MARSHALL, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2010-01-11No. No. 09-30070
361 F. App'x 892

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

MEMORANDUM

Jeffery Marshall appeals from the 200-month sentence imposed following his guilty-plea conviction for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Marshall contends that the within-Guidelines range sentence is substantively unreasonable because the district court’s application of the career offender enhancement over-represented the seriousness of his past offenses. The record reflects that the district court gave thorough consideration to Marshall’s arguments in support of his request for a sentence below the Guidelines range, but found the circumstances insufficient to warrant such a sentence. Furthermore, the district court conducted a reasoned and thorough analysis of the 18 U.S.C. § 3553(a) factors prior to imposing a sentence toward the lower end of the advisory Guidelines range. Accordingly, the sentence imposed is substantively reasonable. See United States v. Stoterau, 524 F.3d 988, 999-1002 (9th Cir.2008).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.