FILED
NOT FOR PUBLICATION JUL 27 2012
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. 11-50256
Plaintiff - Appellee, D.C. No. 2:10-cr-01386-ODW
v.
MEMORANDUM *
DAVID MICHAEL JIMENEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Otis D. Wright, II, District Judge, Presiding
Submitted July 17, 2012 **
Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.
David Michael Jimenez appeals from the 188-month sentence imposed
following his guilty-plea conviction for conspiracy to distribute and possess with
intent to distribute methamphetamine, in violation of 21 U.S.C. § 846. We have
*
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).
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Jimenez contends that the district court procedurally erred by basing his
sentence on internet research. This contention is belied by the record because the
court did not impose sentence on the basis of internet research. There was no plain
error.
Jimenez also contends that his sentence is substantively unreasonable. In
light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing
factors, the sentence is substantively reasonable. See Gall v. United States, 552
U.S. 38, 53-60 (2007).
AFFIRMED.
2 11-50256