United States v. Korie Clemens

MEMORANDUM

Korie L. Clemens appeals his 188 month sentence for unlawful possession of firearms in violation of 18 U.S.C. § 922 (g)(1). We affirm.

Clemens does not contend that the district court committed any procedural error in the calculation of the guidelines sentencing range but challenges only the substantive reasonableness of the sentence. We examine the totality of the circumstances, applying the “abuse of discretion” standard. Gall v. United States, 552 U.S. 38, 46, 56 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007); United States v. Ressam, 679 F.3d 1069, 1086 (9th Cir.2012) (en banc). A sentence may be set aside on appeal as substantively unreasonable only if we have “a definite and firm conviction that the district court committed a clear error of judgment in the conclusion it reached upon weighing the relevant factors.” Id. at 1087 . As we noted in Ressam, id. at 1087 n. 8, we adopted a two-part objective test in United States v. Hinkson, 585 F.3d 1247, 1260 (9th Cir.2009) (en banc), to define in more precise terms what is required to support a conclusion that there was an abuse of discretion by the district court. That test “requires us first to consider whether the…