NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 14 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-50048
Plaintiff-Appellee, D.C. No. 8:11-cr-00008-CJC
v.
MEMORANDUM*
JOHN CARL REYNOLDS,
Defendant-Appellant.
Appeal from the United States District Court
for the Central District of California
Cormac J. Carney, District Judge, Presiding
Submitted March 8, 2017**
Before: LEAVY, W. FLETCHER, and OWENS, Circuit Judges.
John Carl Reynolds appeals from the district court’s judgment and
challenges the 51-month sentence imposed following his guilty-plea conviction for
aiding and abetting and mail fraud, in violation of 18 U.S.C. §§ 2(a) and 1341. We
dismiss in part and affirm in part.
*
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).
Reynolds contends that the district court erred by applying a sentencing
enhancement for his abuse of a position of trust under U.S.S.G. § 3B1.3. The
government contends that this claim is barred by a valid appeal waiver. Reviewing
de novo, we conclude that the provision of the appeal waiver stating that Reynolds
waives the right to appeal “the procedures and calculations used to determine . . .
the sentence” unambiguously encompasses this claim. See United States v. Harris,
628 F.3d 1203, 1205-06 (9th Cir. 2011).
Reynolds next contends that his sentence is substantively unreasonable. The
district court did not abuse its discretion in imposing Reynolds’s sentence. See
Gall v. United States, 552 U.S. 38, 51 (2007). The high-end sentence is
substantively reasonable in light of the 18 U.S.C. § 3553(a) factors and the totality
of the circumstances, including the nature of the offense and Reynolds’s history of
fraudulent behavior. See Gall, 552 U.S. at 51.
DISMISSED in part; AFFIRMED in part.
2 15-50048