United States v. Vince Whiteman

MEMORANDUM

Vince Lee Whiteman challenges the 62-month sentence imposed by the district court following his jury-trial conviction for assault with a dangerous weapon and aiding and abetting assault with a dangerous weapon, in violation of 18 U.S.C. §§ 2 , 113(a)(3), and 1153(a). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Whiteman contends that his sentence is substantively unreasonable because the district court gave excessive weight to the circumstances of the offense and the Guidelines range, and insufficient weight to his individual characteristics and history and to the need to avoid unwarranted sentencing disparities. The district court did not abuse its discretion in imposing White-man’s sentence. See United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc). The disparity between Whiteman’s sentence and the sentence imposed on a co-defendant was warranted and, notwithstanding Whiteman’s difficult childhood and history of addiction, his within-Guidelines sentence is substantively reasonable in light of the totality of the circumstances. See United States v. Carter, 560 F.3d 1107, 1121 (9th Cir.2009) (sentencing disparity); Carty, 520 F.3d at 993…