Stoddard

United States v. Stoddard

Good Law
318 F. App'x 556
United States Court of Appeals for the Ninth CircuitMarch 11, 2009No. 08-30144California681 words

Opinion

Lead Opinion

*557 MEMORANDUM **

Appellant Lance Winslow Stoddard challenges his sentence of 57 months of imprisonment for attempted manufacture of methamphetamine ( 21 U.S.C. § 846 ) and possession of a firearm by a convicted felon ( 18 U.S.C. § 922 (g)(1)), arguing that the district court erred in applying two upward adjustments under U.S.S.G. §§ 2D1.12(b)(2) and 2K2.1(b)(6). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

When reviewing a sentence, we first consider “whether the district court committed significant procedural error,” including an incorrect Sentencing Guidelines determination. United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc) (citing Gall v. United States, 552 U.S. 38 , 128 S.Ct. 586, 597 , 169 L.Ed.2d 445 (2007)), cert. denied, — U.S.-, 128 S.Ct. 2491 , 171 L.Ed.2d 780 (2008). We next consider whether, in light of the factors set forth in 18 U.S.C. § 3553 (a), the district court abused its discretion by imposing a substantively unreasonable sentence. Id. We review the district court’s interpretation of the Guidelines de novo, its application of the Guidelines to the facts for an abuse of discretion, and its factual findings for clear…

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