United States v. Charles Lucious

FILED

NOT FOR PUBLICATION OCT 4 2011

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 10-10584

Plaintiff - Appellee, D.C. No. 2:09-cr-00224-RLH

v.

MEMORANDUM *

CHARLES LUCIOUS,

Defendant - Appellant.

Appeal from the United States District Court for the District of Nevada Roger L. Hunt, Chief District Judge, Presiding

Submitted September 27, 2011 **

Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges.

Charles Lucious appeals from the 60-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). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Lucious contends that his below-Guidelines sentence was substantively

unreasonable because the district court…