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

United States v. John Miller

United States v. John Miller
U.S. Court of Appeals for the Ninth Circuit · Decided March 14, 2011 · Farris, Leavy, Bybee
421 F. App'x 711

United States v. John Miller

Opinion

MEMORANDUM **

John Anthony Miller appeals from the 159-month sentence imposed following his guilty-plea conviction for bribery of a public official in violation of 18 U.S.C. § 201(b)(1), making a false statement in a passport application in violation of 18 U.S.C. § 1542, aggravated identity theft in violation of 18 U.S.C. § 1028A, and mail fraud in violation of 18 U.S.C. § 1341. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Miller contends that the district court procedurally erred when it failed to consider or explain why it rejected the government’s request for a three-level downward variance in light of Miller’s cooperation.

The record reflects that the district court considered the arguments and adequately explained that in light of the severity of the offense, a sentence below the Guidelines range was not warranted. See Rita v. United States, 551 U.S. 338, 359, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007); see also United States v. Carty, 520 F.3d 984, 995 (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.

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