FILED
NOT FOR PUBLICATION OCT 03 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-50347
Plaintiff-Appellee, D.C. No. 3:14-cr-01464-BEN
v.
MEMORANDUM*
CASEY CONLEY,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted September 27, 2016**
Before: TASHIMA, SILVERMAN, and M. SMITH, Circuit Judges.
Casey Conley appeals from the district court’s judgment and challenges the
180-month sentence imposed following his guilty-plea conviction for possession of
methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1).
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 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).
Conley contends that the district court erred by failing to consider the
parties’ recommendation for a three-level, fast track departure pursuant to U.S.S.G.
§ 5K3.1, and by denying the government’s recommendation for a six-level
departure for substantial assistance pursuant to U.S.S.G. § 5K1.1 and 18 U.S.C.
§ 3553(e). The record reflects that the district court considered both the fast track
and substantial assistance recommendations, and determined that a total one-level
reduction was appropriate. See United States v. Evans-Martinez, 611 F.3d 635,
643 (9th Cir. 2010) (“A district court’s decision to grant [a substantial assistance]
motion does not bind the court . . . to stay at the level recommended by the
government.”).
To the extent Conley challenges the district court’s discretionary decisions
regarding the fast track and substantial assistance departures, our review is limited
to determining whether the court imposed a substantively reasonable sentence. See
United States v. Ellis, 641 F.3d 411, 421 (9th Cir. 2011). The district court did not
abuse its discretion in imposing Conley’s sentence. See Gall v. United States, 552
U.S. 38, 51 (2007). The sentence is substantively reasonable in light of the 18
U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including
Conley’s extensive criminal history. See Gall, 552 U.S. at 51.
AFFIRMED.
2 15-50347