United States v. Musab Masmari

MEMORANDUM

Musab Mohammed Masmari pled guilty to a single count of arson, 18 U.S.C. § 844 (i). He appeals his above-Guidelines sentence of 120 months’ imprisonment followed by 3 years of supervised release. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm.

Because Masmari failed to object below, we review whether the district court complied with Federal Rule of Criminal Procedure 32(h) for plain error. United States v. Evans-Martinez, 530 F.3d 1164, 1167 (9th Cir.2008). Even assuming that the district court failed to adhere to the strict letter of Rule 32(h), the error did not “affect[] [Masmari’s] substantial rights,” see Evans-Martinez, 530 F.3d at 1167 (quoting United States v. Ameline, 409 F.3d 1073, 1078 (9th Cir.2005) (en banc)), because Masmari has not demonstrated “the probability of a different result ... sufficient to undermine confidence in the outcome” of the sentencing. Ameline, 409 F.3d at 1078 (quoting United States v. Dominguez Benitez, 542 U.S. 74 , 124 S.Ct. 2333 , 159 L.Ed.2d 157 (2004)). The plea agreement established that the parties would jointly recommend the mandatory minimum of 60 months’ imprisonment. Thus, the primary…