United States v. Scott Shigley

MEMORANDUM

Scott Zean Shigley appeals from the 72-month sentence imposed following his guilty-plea conviction for viewing child pornography and possession of child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Shigley contends that the district court erred by refusing to grant an additional one-level adjustment for acceptance of responsibility, pursuant to U.S.S.G. § 3El.l(b). His argument is foreclosed by United States v. Johnson, 581 F.3d 994, 1002 (9th Cir.2009) (district court did not err in declining to grant additional one-level reduction because defendant’s refusal to waive appellate rights was rational basis for the government’s decision not to file a § 3E1.1(b) motion).

Shigley next contends that the district court procedurally erred by failing to expressly mention and analyze the 18 U.S.C. § 3553 (a) sentencing factors, particularly those sentencing factors identified in support of his arguments for a variance. The record reflects that the court considered and rejected defendant’s mitigation arguments, and properly considered the § 3553(a) sentencing factors. See United States v. Carty, 520 F.3d…