FILED
NOT FOR PUBLICATION MAR 15 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-50322
Plaintiff - Appellee, D.C. No. 3:09-cr-04635-WQH
v.
MEMORANDUM *
CHRISTOPHER JAMES WEICK,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
William Q. Hayes, District Judge, Presiding
Submitted March 8, 2011 **
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
Christopher James Weick appeals from the 15-month sentence imposed
following his guilty-plea conviction for being a deported alien found in the United
States, in violation of 8 U.S.C. § 1326(a). We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
*
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).
Weick contends that the district court erred by imposing a 12-level upward
adjustment based on a prior felony drug trafficking offense, because the evidence
indicated that he served no prison or jail time for that offense. The only evidence
offered to support this contention is Weick’s own statements made during
allocution. The district court did not err, let alone plainly err, by relying on the
presentence report and the government’s sentencing documents to conclude that
Weick served some time in custody for this conviction. See United States v.
Marin-Cuevas, 147 F.3d 889, 894-95 (9th Cir. 1998).
The record reflects that the district court did not otherwise procedurally err,
and the below-Guidelines sentence is substantively reasonable under the totality of
the circumstances. See Gall v. United States, 552 U.S. 38, 51 (2007); see also
United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc).
AFFIRMED.
2 10-50322