United States v. Elijah Williams

MEMORANDUM

Elijah Darley L. Williams appeals from the 48-month sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Williams contends that the district court procedurally erred by failing to address his departure requests and mitigation arguments, and by failing to explain adequately the sentence. The district court did not procedurally err, as the record reflects that the district court listened to and considered Williams’ arguments, but found the circumstances insufficient to warrant a sentence lower than the one imposed. See United States v. Carty, 520 F.3d 984, 995 (9th Cir.2008) (en banc).

Williams next contends that the district court clearly erred by relying on unproven facts regarding domestic violence, and by failing to hold the government to any burden of proof with regard to those facts. This contention lacks merit because Williams failed to object to the facts set forth in the presentence report (“PSR”), and the district court was not required to make any factual findings. See United States v. Charlesworth, 217 F.3d…