United States v. Ruben Valdez

FILED NOT FOR PUBLICATION OCT 04 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-10362 Plaintiff - Appellee, D.C. No. 2:10-cr-00287-FJM v. MEMORANDUM * RUBEN VALDEZ, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Frederick J. Martone, District Judge, Presiding Submitted September 27, 2011 ** Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges. Ruben Valdez appeals from the 70-month sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. * 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). Valdez contends that the district court erred by imposing a two-level enhancement under U.S.S.G. § 3C1.2 (Reckless Endangerment During Flight). He further contends that the court’s findings in support of the enhancement were insufficient as a procedural matter. The district court’s determination to apply the enhancement was not clear error, see United States v. Reyes-Oseguera, 106 F.3d 1481, 1483-84 (9th Cir. 1997), and its statements at sentencing were sufficient to permit meaningful appellate review, see United States v. Carty, 520 F.3d 984, 992- 93, 995 (9th Cir. 2008) (en banc). AFFIRMED. 2 10-10362