United States v. Chadwick Villamor

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT JAN 17 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS UNITED STATES OF AMERICA, No. 13-10175 Plaintiff - Appellee, D.C. No. 2:12-cr-00129-LDG- CWH-1 v. CHADWICK VILLAMOR, MEMORANDUM* Defendant - Appellant. Appeal from the United States District Court for the District of Nevada Lloyd D. George, Senior District Judge, Presiding Submitted October 23, 2013** Before: HUG, FARRIS, and LEAVY, Circuit Judges. Chadwick Villamor appeals from the district court’s judgment and challenges the 60-month sentence imposed following his conviction for unlawful possession of a firearm, in violation of 18 U.S.C. §§ 922(g) and 924(a)(2). 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). Villamor contends that, in light of his mental health problems, the district court should not have imposed an above-Guidelines sentence of 60 months. We review the sentence for substantive reasonableness, applying an abuse of discretion standard. See Gall v. United States, 552 U.S. 38, 51 (2007); United States v. Mohamed, 459 F.3d 979, 987 (9th Cir. 2006). The sentence is substantively reasonable in light of the totality of the circumstances and the 18 U.S.C. § 3553(a) factors, including Villamor’s extensive criminal history and the need to protect the public and promote respect for the law. See Gall, 552 U.S. at 51. AFFIRMED.