U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Willie Coward

United States v. Willie Coward
U.S. Court of Appeals for the Ninth Circuit · Decided February 17, 2011

United States v. Willie Coward

Opinion

FILED NOT FOR PUBLICATION FEB 17 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 10-10262 Plaintiff - Appellee, D.C. No. 1:09-cr-00343-JMS v. MEMORANDUM * WILLIE JAMES COWARD, a.k.a.

William James Coward, Defendant - Appellant.

Appeal from the United States District Court for the District of Hawaii J. Michael Seabright, District Judge, Presiding Submitted February 15, 2011 ** Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.

Willie James Coward appeals from the eight-month sentence imposed following his guilty-plea conviction for making a false statement in an application for a United States passport, in violation of 18 U.S.C. § 1542. We have

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). jurisdiction under 28 U.S.C. § 1291, and we affirm.

Coward contends that the district court procedurally erred in failing to explicitly state that it had considered sentencing options other than imprisonment.

The record reflects that the district court was aware of and considered all of the sentencing options. See United States v. Carty, 520 F.3d 984, 991-95 (9th Cir. 2008) (en banc).

Coward also contends that his sentence is substantively unreasonable.

Under the totality of circumstances, including Coward’s decades-long history of using another person’s identity, the eight-month sentence is substantively reasonable. See id. at 993.

AFFIRMED.

2 10-10262

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