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

United States v. Christopher Weick

United States v. Christopher Weick
U.S. Court of Appeals for the Ninth Circuit · Decided March 15, 2011 · Farris, Leavy, Bybee
421 F. App'x 726

United States v. Christopher Weick

Opinion

MEMORANDUM **

Christopher James Weick appeals from the 15-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Weick contends that the district court erred by imposing a 12-level upward adjustment based on a prior felony drug trafficking offense, because the evidence *727 indicated that he served no prison or jail time for that offense. The only evidence offered to support this contention is Weick’s own statements made during allo-cution. The district court did not err, let alone plainly err, by relying on the presen-tence report and the government’s sentencing documents to conclude that Weick served some time in custody for this conviction. See United States v. Marin-Cuevas, 147 F.3d 889, 894-95 (9th Cir. 1998).

The record reflects that the district court did not otherwise procedurally err, and the below-Guidelines sentence 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.