FILED
NOT FOR PUBLICATION AUG 04 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-50173
Plaintiff - Appellant, D.C. No. 2:06-cr-00754-RMT-1
v.
MEMORANDUM*
RICHARD LEE HELLMAN,
Defendant - Appellee.
Appeal from the United States District Court
for the Central District of California
Robert M. Takasugi, District Judge, Presiding
Submitted August 2, 2010**
Pasadena, California
Before: KOZINSKI, Chief Judge, REINHARDT, Circuit Judge and
WHYTE, District Judge.***
*
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).
***
The Honorable Ronald M. Whyte, Senior United States District Judge
for the Northern District of California, sitting by designation.
page 2
The government failed to object below and hasn’t shown a “reasonable
probability that [Hellman] would have received a different sentence but for the
district court’s error.” United States v. Gonzalez-Zotelo, 556 F.3d 736, 741 (9th
Cir. 2009).
AFFIRMED.