United States v. Glen Green

MEMORANDUM

Glen Lee Green appeals his conviction and sentence for one count of violating 18 U.S.C. § 922 (g)(1), which makes it a crime for a person who has been convicted of a felony to possess a firearm. With respect to his conviction, Green argues that the government made two improper statements during closing arguments and asked one of the defense witnesses an improper question. With respect to his sentence, Green argues that the district court failed to adequately appreciate its authority to consider rehabilitation in crafting a sentence, and failed to adequately explain its reasons for rejecting his argument for a downward departure. ■ We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm both Green’s conviction and his sentence.

Because Green did not object to any of the purported errors at trial or sentencing, we review for plain error. See United States v. Rangel-Guzman, 752 F.3d 1222, 1224 (9th Cir.2014); United States v. Joseph, 716 F.3d 1273, 1276-77 (9th Cir. 2013). “Plain error is (1) error, (2) that is plain, and (3) that affects substantial rights. If these three conditions of the plain error test are met, an appellate court may…