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

United States v. Jeffery Marshall

United States v. Jeffery Marshall
U.S. Court of Appeals for the Ninth Circuit · Decided January 11, 2010 · Goodwin, Wallace, Fisher
361 F. App'x 892

United States v. Jeffery Marshall

Opinion

MEMORANDUM **

Jeffery Marshall appeals from the 200-month sentence imposed following his guilty-plea conviction for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Marshall contends that the within-Guidelines range sentence is substantively unreasonable because the district court’s application of the career offender enhancement over-represented the seriousness of his past offenses. The record reflects that the district court gave thorough consideration to Marshall’s arguments in support of his request for a sentence below the Guidelines range, but found the circumstances insufficient to warrant such a sentence. Furthermore, the district court conducted a reasoned and thorough analysis of the 18 U.S.C. § 3553(a) factors prior to imposing a sentence toward the lower end of the advisory Guidelines range. Accordingly, the sentence imposed is substantively reasonable. See United States v. Stoterau, 524 F.3d 988, 999-1002 (9th Cir. 2008).

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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