NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 24 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-50163
Plaintiff-Appellee, D.C. No. 2:11-cr-00543-JFW
v.
MEMORANDUM*
PAUL BAKER, a.k.a. Darwin Stanton
Baker, Jr., a.k.a. Paul D. Baker, a.k.a. Paul
Douglas Baker,
Defendant-Appellant.
Appeal from the United States District Court
for the Central District of California
John F. Walter, District Judge, Presiding
Submitted April 11, 2017**
Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.
Paul Baker appeals from the district court’s judgment and challenges the
aggregate 135-month sentence imposed following his jury-trial convictions for
conspiracy to commit mail fraud, wire fraud, and offer and sale of unregistered
*
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).
securities, in violation of 18 U.S.C. § 371; mail fraud securities, in violation of 18
U.S.C. § 1341; wire fraud, in violation of 18 U.S.C. § 1343; offer and sale of
unregistered securities and aiding and abetting and causing an act to be done, in
violation of 15 U.S.C. §§ 77e and 77x and 18 U.S.C. § 2. We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
Baker contends that the district court procedurally erred by failing to address
his request for a downward departure for mental and emotional conditions and
physical condition under U.S.S.G. §§ 5H1.3 and 5H1.4. We review for plain error,
see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and
conclude that there was none. The record reflects that the court considered Baker’s
arguments and sufficiently explained its reasons for concluding that a mid-range
sentence was warranted. See United States v. Carty, 520 F.3d 984, 992 (9th Cir.
2008) (en banc).
AFFIRMED.
2 16-50163