United States v. Triplett
Opinion of the Court
MEMORANDUM
Because the plea agreement entered into by Mr. Triplett was sufficiently ambiguous to preclude a finding that he waived his right to appeal the calculation of his sentence, we have jurisdiction to hear Mr. Triplett’s appeal. We affirm the district court’s denial of a downward adjustment for “little or no deliberation.”
I.
Under the terms of the plea agreement, Mr. Triplett waived his right to appeal “so long as the Court sentence[d] him within the applicable sentencing guideline range.” By attaching this qualifier, the plea agreement did not unambiguously waive Mr.
II.
The district court, however, did not err in rejecting Mr. Triplett’s argument that he deserved a four-level reduction under United States Sentencing Guideline § 2A6.1(b)(4) because his offense involved a single incident evidencing “little or no deliberation.” In denying the downward adjustment, the district court considered Triplett’s decision to call someone other than the local police, knowing that the police might not take his call seriously due to his history of making false reports. It also considered his statements to the FBI that elaborated upon his initial false threat and continued the offense. This evidence is sufficient to justify the district court’s finding that Mr. Triplett’s offense did not involve “little or no deliberation.” AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. Rickey Jay TRIPLETT, Defendant—Appellant
- Status
- Published