United States v. Kendy Carpenter

MEMORANDUM

Kendy Carpenter appeals from the 24-month sentence imposed following her guilty-plea conviction for bankruptcy fraud, violating the Federal False Claims Act, federal student loan fraud, and federal food stamp assistance fraud, in violation of 18 U.S.C. §§ 152 (3), 287, 1001(a)(2) & (3). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Carpenter contends that the district court procedurally erred by applying an upward departure and that her sentence above the Guidelines range is substantively unreasonable. A review of record demonstrates that the district court properly considered the 18 U.S.C. § 3553 (a) sentencing factors and that based on the totality of the circumstances, the sentence imposed is not substantively unreasonable. See United States v. Vanderwerfhorst, 576 F.3d 929, 935 (9th Cir.2009); see also United States v. Hilgers, 560 F.3d 944, 947-48 (9th Cir.2009).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.