U.S. Court of Appeals for the Ninth Circuit, 2010

United States v. James Blodgett

United States v. James Blodgett
U.S. Court of Appeals for the Ninth Circuit · Decided September 2, 2010 · Leavy, Hawkins, Thomas
394 F. App'x 392

United States v. James Blodgett

Opinion

MEMORANDUM **

James Robert Blodgett appeals from the time-served sentence imposed following his guilty-plea conviction for possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1), to be served consecutively to a 60-month sentence imposed following his guilty plea conviction for possession of a firearm in furtherance of a drug-trafficking crime, in violation of 18 U.S.C. § 924(c)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Blodgett contends that the district court erred by failing to rule on his objections to disputed facts in the presentence report and relying upon such facts when imposing the sentence, in violation of Federal Rule of Criminal Procedure 32(i)(3)(B). This contention fails because the district court did not rely upon any disputed facts at sentencing. See United States v. Saeteurn, 504 F.3d 1175, 1178 (9th Cir. 2007).

AFFIRMED.

**

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

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