United States v. Timothy Gonzalez

MEMORANDUM

Timothy Martin Gonzalez pleaded guilty to two counts of possessing and uttering counterfeit or forged securities, in violation of 18 U.S.C. § 513 (a). We affirm in part, reverse in part, vacate in part, and remand.

Gonzalez argues that the district court erred in failing to grant his motion for a downward departure in his criminal history category pursuant to United States Sentencing Guidelines (“U.S.S.G.”) § 4A1.3. We review the denial of a motion for a downward departure “to the extent that the denial implicates the overall reasonableness of [the] sentence.” United States v. Dallman, 533 F.3d 755, 761 (9th Cir.2008); see also United States v. Ellis, 641 F.3d 411, 421 (9th Cir.2011). We affirm the 18-month sentence imposed, which was at the lower end of the guidelines range of 18-24 months, because “the record as a whole reflects rational and meaningful consideration of the factors enumerated in 18 U.S.C. § 3553 (a).” United States v. Ressam, 679 F.3d 1069, 1089 (9th Cir.2012) (en banc) (internal quotation marks and citation omitted). Moreover, although the district court misstated one fact regarding his prior criminal history, that error was harmless as it did not…