NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 16 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 17-50107
Plaintiff-Appellee, D.C. No. 3:16-cr-00560-CAB
v.
MEMORANDUM *
JOSHUA D. KNAUP,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
Cathy Ann Bencivengo, District Judge, Presiding
Submitted February 13, 2018**
Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.
Joshua D. Knaup appeals from the district court’s judgment and challenges
the 33-month sentence imposed following his guilty-plea convictions for two
counts of wire fraud, in violation of 18 U.S.C. § 1343. We have jurisdiction under
28 U.S.C. § 1291, and we affirm.
Knaup contends that the district court abused its discretion by imposing
*
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).
sentence based on internally inconsistent factual findings. We disagree. The
district court’s remarks consistently reflect its finding that Knaup defrauded
investors. The court’s speculation that Knaup may have come to believe his
misstatements was not inconsistent with that finding. Further, the 33-month
sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing
factors and the totality of the circumstances, including the need to provide just
punishment for the offense. See Gall v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.
2 17-50107