United States v. Ernest Peltzer
United States v. Ernest Peltzer
Opinion
MEMORANDUM **
Ernest William Peltzer appeals from the 135-month sentence imposed following his guilty-plea conviction for aggravated sexual abuse of a minor, in violation of 18 U.S.C. §§ 1152 and 2241(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Peltzer contends that the district court erred by relying on clearly erroneous facts. This contention lacks merit because the district court did not rely on any facts that were not supported by the record. See United States v. Cantrell, 433 F.3d 1269,1284 (9th Cir. 2006).
Peltzer also contends that his sentence is unreasonable because it failed to account for his background and low risk of recidi *768 vism. The record reflects that the district court considered the age of the offense and the likelihood that Peltzer might reoffend as part of its analysis of the 18 U.S.C. § 3553(a) sentencing factors, and provided a well-reasoned explanation for the sentence imposed. Peltzer’s sentence at the bottom of the Guidelines range is substantively reasonable under the totality of the circumstances. See Gall v. United States, 552 U.S. 38, 51,128 S.Ct. 586, 169 L.Ed.2d 445 (2007); see also United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.