FILED
NOT FOR PUBLICATION MAR 22 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-30194
Plaintiff - Appellee, D.C. No. 2:11-cr-00035-DWM
v.
MEMORANDUM*
WILLIAM JOSEPH VOTH, Jr.,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted March 12, 2013**
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
William Joseph Voth, Jr., appeals from the district court’s judgment and
challenges the 87-month sentence imposed following his guilty-plea conviction for
conspiracy to distribute methamphetamine, in violation of 21 U.S.C.
*
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).
§§ 841(b)(1)(B), 846, and 851. We have jurisdiction under 28 U.S.C. § 1291, and
we affirm.
Voth contends that his sentence is substantively unreasonable in light of the
18 U.S.C.§ 3553(a) sentencing factors. The district court imposed a sentence
below the mandatory minimum after granting the government’s substantial
assistance motion under 18 U.S.C. § 3553(e). The court gave Voth the full benefit
of the substantial assistance departure, and was precluded from further reducing his
sentence under the section 3553(a) factors. See United States v. Jackson, 577 F.3d
1032, 1036 (9th Cir. 2009).
AFFIRMED.
2 12-30194