United States v. Wallace Shimabukuro, Jr.

Good Law
585 F. App'x 603
United States Court of Appeals for the Ninth CircuitOctober 29, 201413-10528California434 words

Opinion

Opinion

MEMORANDUM

Wallace Shimabukoro, Jr. appeals the district court’s imposition of his sentence and special conditions of supervised release. He argues that the district court erred by sentencing him to a term of imprisonment above the Sentencing Guideline range and by imposing unreasonable special conditions of supervised release. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

1. We review the district court’s consideration of the sentencing guidelines range and the substantive reasonableness of the ultimate sentence for abuse of discretion. United States v. Autery, 555 F.3d 864, 871 (9th Cir.2009); United States v. Tadeo, 222 F.3d 623, 625 (9th Cir.2000). When a district court imposes a sentence outside the recommended guidelines range, it must provide an explanation “sufficiently specific to allow [an appellate court] to conduct a meaningful review.” United States v. Musa, 220 F.3d 1096, 1101 (9th Cir.2000); see 18 U.S.C. § 3553 (c)(2). The district court repeatedly stated that it departed from the sentencing guideline due to the “duration and extent and nature” of Shimabukuro’s lies. The district court’s “explanation [was] sufficient to provide us with a basis to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.