United States v. Tarvuell Clark

MEMORANDUM

Tarvuell Clark appeals from the district court’s judgment and challenges the 46-month sentence imposed following his guilty-plea conviction for assault resulting in serious bodily injury, in violation of 18 U.S.C. § 113 (a)(6). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Clark contends that the district court procedurally erred at sentencing by not explicitly addressing his arguments for why a lower sentence was appropriate, by relying on clearly erroneous facts, and by failing to consider mitigating factors. Because Clark did not object on these grounds below, we review for plain error. See United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010); United States v. Dallman, 533 F.3d 755, 761-62 (9th Cir.2008).

The record shows that the district court was aware of Clark’s straightforward and uncomplicated arguments for a lower sentence and that the court provided reasons for the sentence, which was at the bottom of the Guidelines range. Thus, Clark has not shown that the district court failed to adequately address his arguments for a lower sentence and has not shown that there is a reasonable probability that the sentence would have been…