United States v. Hernandez

U.S. Court of Appeals for the Ninth Circuit January 28, 2008

United States v. Hernandez, 265 F. App'x 594 (9th Cir. 2008)

Opinion of the Court

MEMORANDUM **

Simon Hernandez appeals from the 48-month sentence imposed following his *595guilty-plea conviction for unlawful possession of a firearm in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Hernandez contends that the district court erred in that it failed to recognize its discretion to impose a below-Guidelines sentence. We disagree, and conclude that the record indicates that the district court understood its discretion to impose a below-guidelines sentence. See Gall v. United States, — U.S.-128 S.Ct. 586, 597, 169 L.Ed.2d 445 (2007).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name: UNITED STATES of America, Plaintiff—Appellee v. Simon HERNANDEZ
Status: Published