United States v. Hill

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT MAR 29 2010 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS UNITED STATES OF AMERICA, No. 07-10011 Plaintiff - Appellee, D.C. No. CR-04-00527-EHC v. MEMORANDUM * ROBERT PAUL HILL, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Earl H. Carroll, District Judge, Presiding Submitted February 3, 2010** San Francisco, California Before: HUG, BEEZER and HALL, Circuit Judges. Defendant-appellant Robert Paul Hill (“Hill”) appeals from a final judgment convicting him of one count of being a felon in possession of a firearm and ammunition. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). The facts of this case are known to the parties. We do not repeat them. We review “all sentencing decisions” for an abuse of discretion. United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc). The district court properly exercised its discretion in sentencing Hill to 120 months imprisonment and declining to grant a downward departure pursuant to Section 5K2.13 of the Sentencing Guidelines. See U.S.S.G. § 5K2.13; see also United States v. Davis, 264 F.3d 813, 815–16 (9th Cir. 2001) (holding that courts lack discretion to depart downward under Section 5K2.13 if incarceration is needed “to protect the public”). AFFIRMED. 2