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UNITED STATES of America, Plaintiff-Appellee, v. Julius Darnell ROBERTS, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2012-09-21No. No. 12-30031
481 F. App'x 343

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Opinion

majority opinion

MEMORANDUM

Julius Darnell Roberts appeals from the district court’s order denying his 18 U.S.C. § 3582(c)(2) motion for reduction of sentence. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Roberts contends that the district court abused its discretion by denying his motion to reduce his sentence because the court double counted his criminal history and failed to consider adequately his post-conviction rehabilitation. The court considered Roberts’s post-conviction rehabilitation and properly based its decision on public safety considerations and the need for deterrence. See U.S.S.G. § 1B1.10 cmt. n. 1(B); United States v. Lightfoot, 626 F.3d 1092, 1096 (9th Cir.2010).

AFFIRMED.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).