United States v. David Jimenez

FILED NOT FOR PUBLICATION JUL 27 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-50256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