Young

United States v. Young

Good Law
303 F. App'x 574
United States Court of Appeals for the Ninth CircuitDecember 24, 2008No. 06-10224California250 words

Opinion

lead Opinion

MEMORANDUM *

Defendant Mark Young appeals his conviction and his sentence. We affirm both.

As an initial matter, we decline to consider several of Young’s claims because the deficiencies in Young’s briefs constitute abandonment of these claims. An appellant must state in his or her argument, “contentions and the reasons for them, with citations to the authorities and parts of the record on which the appellant relies.” Fed. R.App. P. 28(a)(9)(A). If an appellant fails to provide supporting argument and authority, the claim is abandoned. United States v. Belgarde, 300 F.3d 1177 , 1181 n. 1 (9th Cir.2002); Kohler v. Inter-Tel Techs., 244 F.3d 1167, 1182 (9th Cir.2001). We find that Young abandoned his claims regarding his motion to dismiss for insufficient evidence; rejection of his proposed jury instruction; and cumulative error.

The remainder of Young’s claims regarding the guilt phase of the trial are without merit.

As to Young’s appeal of his sentence, we find no error in the district court’s application of the United States Sentencing Guidelines. Young’s ex post facto argument is foreclosed by United States v. Dupas, 419 F.3d 916, 920-21 (9th Cir.2005) (holding that Booker…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.