FILED
NOT FOR PUBLICATION JAN 26 2010
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. 09-30164
Plaintiff - Appellee, D.C. No. 2:07-CR-02091-WFN
v.
MEMORANDUM *
JOSE GUADALUPE AGUILAR,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Wm. Fremming Nielsen, District Judge, Presiding
Submitted January 11, 2010 **
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Jose Guadalupe Aguilar appeals from the 115-month sentence imposed
following his jury-verdict conviction for being a felon in possession of a firearm,
*
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).
EG/Research
in violation of 18 U.S.C. § 922(g)(1), and possession of body armor, in violation of
18 U.S.C. § 931(a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we
affirm.
Aguilar contends that the district court judge committed procedural error by
relying on clearly erroneous facts at sentencing. The record reflects that the district
court judge did not procedurally err. See Gall v. United States, 552 U.S. 38, 51
(2007) (stating that it is procedural error to select a sentence based on clearly
erroneous facts).
Aguilar also contends that the sentence at the top of the Guidelines range
was substantively unreasonable. However, the district court did not abuse its
discretion in rejecting Aguilar’s argument that he should receive some credit for
acceptance of responsibility. See id. Considering the totality of the circumstances,
the district court’s sentence was not substantively unreasonable. See id.
AFFIRMED.
EG/Research 2 09-30164