United States v. Thomas Hoover

MEMORANDUM

Thomas Ronald Hoover appeals from the district court’s judgment and challenges the 42-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) and 924(a)(2). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Hoover contends that the district court improperly included a criminal history point for a 2009 misdemeanor Nevada state conviction for possession of paraphernalia, the fact of which Hoover argues the government failed to prove. We review a district court’s factual findings for clear error, see United States v. Felix, 561 F.3d 1036, 1040 (9th Cir. 2009), and find none. The district court did not clearly err in finding that Hoover had been convicted for possession of paraphernalia based on the presentence report and the probation officer’s account of what was reflected in the Nevada state court docket sheet. See United States v. Marin-Cuevas, 147 F.3d 889, 895 (9th Cir. 1998).

Hoover next contends that the district court procedurally erred by failing to address his mitigating arguments. The record reflects that the district court adequately considered Hoover’s…