Keyes

United States v. Keyes

Good Law
25 F. App'x 671
United States Court of Appeals for the Ninth CircuitJanuary 25, 2002No. 01-30128. D.C. No. CR-99-00137-RCTCalifornia300 words

Opinion

Lead Opinion

MEMORANDUM ***

Wade Keyes appeals his sentence of 4 years probation imposed following his guilty plea conviction for conspiracy to the illegal taking of wildlife in violation of 16 U.S.C. § 3372 (a)(2)(A) and § 3373(d)(1)(B). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Keyes’ sole contention on appeal is that the district court abused its discretion in imposing a sentence disproportionate to that of his co-defendant. Keyes argues that the district court erred in sentencing him to four years probation and banning him from fishing because: (1) the similarity of circumstances between Keyes and his co-defendant makes his sentence an unjustified, disparate sentence; and (2) the district court may have utilized an incorrect Guideline range in sentencing Keyes.

We affirm because “a disparity in sentencing among co-defendants is not, by itself, a sufficient ground for attacking an otherwise proper sentence under the guidelines.” United States v. Taylor, 991 F.2d 533, 536 (9th Cir.1993). The district court properly exercised its discretion under the Sentencing Guidelines in sentencing Keyes to a term of four years probation. See id. Further, while our review of…

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