United States v. Sami Yanikian

MEMORANDUM

Sami Arshak Yanikian appeals from the district court’s order affirming the 6-month sentence imposed following his jury-trial conviction for introduction of an unapproved new drug in interstate commerce, in violation of 21 U.S.C. §§ 331 (d), 355(a), and 333(a)(1); and aiding and abetting, in violation of 18 U.S.C. § 2 (b). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Yanikian contends that the magistrate judge procedurally erred by: (1) failing to explain the sentence adequately; (2) imposing a custodial sentence without properly considering his mental impairment; and (3) failing to address his mitigating arguments regarding his mental health impairment. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010), and find none. The magistrate judge considered Yanikian’s mitigating arguments and sufficiently explained the sentence.

Yanikian also contends that his sentence is substantively unreasonable in light of his mental health issues. The magistrate judge did not abuse his discretion in imposing Yanikian’s within-Guidelines sentence. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d…