United States v. Holman
United States v. Holman
Opinion of the Court
MEMORANDUM
David James Holman appeals from his 57-month sentence imposed for aiding and
Holman contends that he was entitled to a downward adjustment pursuant to U.S.S.G. § 3B1.2 for playing a minor role in the offense. We disagree. There was no plain error when the district court did not apply the adjustment because Holman was not substantially less culpable than his co-defendant. See United States v. Pinkney, 15 F.3d 825, 828 (9th Cir. 1994).
Holman also contends that he was entitled to a downward departure because his participation in the robbery constituted aberrant conduct. We disagree and conclude that the sentence was not unreasonable. See United States v. Booker, 543 U.S. 220, 261-63, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005); United States v. Plouffe, 445 F.3d 1126, 1131 (9th Cir. 2006); see also United States v. Mohamed, 459 F.3d 979, 986-87 (9th Cir. 2006) (recognizing that the scheme of departures has been replaced by the requirement that judges impose a reasonable sentence and that a sentence is subject to a unitary review for reasonableness regardless of how the district court styles its sentencing discretion).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provid
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