NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT MAR 17 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 14-30002
Plaintiff - Appellee, D.C. No. 4:06-cr-00076-DWM-1
v.
MEMORANDUM*
SCOTT HEDDINGS,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, Senior District Judge, Presiding
Submitted March 4, 2015**
Portland, Oregon
Before: FISHER, PAEZ, and IKUTA, Circuit Judges.
Scott Heddings appeals the district court’s sentence of 240 months in prison
following his guilty plea for receipt of child pornography in violation of 18 U.S.C.
*
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).
§ 2252A(a)(2) and destruction or removal of property to prevent seizure in
violation of 18 U.S.C. § 2232(a). We have jurisdiction under 28 U.S.C. § 1291.
The district court stated that Heddings’s Montana conviction for felony
incest was the basis for increasing his offense level for the federal offense under
§ 2G2.2(b)(5) of the U.S. Sentencing Guidelines. Because Heddings’s Missouri
convictions for sexual abuse and felony statutory sodomy were not the basis for an
increase in the offense level for the federal offense, the district court did not err in
declining to apply § 5G1.3(b) (2013) of the Guidelines to impose the sentence on
the federal offense to run concurrently with the Missouri sentences. Nor did the
district court abuse its discretion in ordering the sentence on the federal offense to
run consecutively to the Missouri sentences under § 5G1.3(c) of the Guidelines.
See United States v. Shouse, 755 F.3d 1104, 1108–09 (9th Cir. 2014).
As Heddings does not appeal his conviction or allege that his plea was
involuntary, United States v. Neely, 38 F.3d 458 (9th Cir. 1994) (per curiam), is not
applicable to a review of Heddings’s sentence on appeal.
AFFIRMED.
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